1. Interpretation
2. Municipal
Business
3. (REPEALED) Council
4.
(REPEALED) Payment of Councillors
5. (REPEALED) Part 1 -
Committees
5. (REPEALED) Part 2 -
Functions
6. (REPEALED) Municipal
Officers
7. Municipal
Property
8. Collection,
Storage & Disposal
of Refuge
9. Peace,
Order, Mischief & Nuisance
10. Explosives
11. Animals
12. Dogs
13. Trade and Licensing
14. Dangerous and Unsightly Premises
( Now Covered under Municipal Government Act)
15. The Destruction of
Certain Documents
16. Penalties
17. Civil Emergency
Planning
18. Repeal
19. Mobile Home Park
By-law
20. Building
21. Municipal Sewers
22. By-law Respecting
Deposits by Candidates at
an Election
23. A By-law to Provide
for Identification, Preservation
and
Protection and Registration of Heritage Property
24. Brass Hill
Subdivision Street Improvement By-law
25. By-law Respecting
Partial Tax Exemption
26. (REPEALED) Exemption of Certain Fire Company
Property
27. Wastewater
Management District
28. Limit of Liability
29. (REPEALED) By-law Respecting Tax
Exemption
of Historical Societies
30. Cat Rock Drive
Street Improvement By-law
31. (REPEALED) Barrington
Waterfront Development By-law
32. Taxi By-law
33. Local Improvement
By-Law
34. Commercial Activity on Municipal
Property
INTERPRETATION
1. In this By-Law and other By-Laws of the Council of the Municipality of the District of Barrington, unless the context otherwise indicates:
1. (a) “Bill” means an itemized account in favour of or against, the Municipality or any individual or corporation;
1. (b) “Chairman” means the Warden, Deputy Warden or any persons
appointed
by the Council to preside over it, or a person appointed by the Council
or a Committee or Board to preside over such Committee or Board;
1. (c) “Clerk” means the Clerk of the Municipality;
1. (d) “Council” means the Council of the Municipality;
1. (e) “Councillor” means a member of the Council;
1. (f) “Deputy Warden” means a Deputy Warden of the Municipality;
1. (g) “In writing” or “written” includes printing, lithography, or any other modes of representing or reproducing words in visible form;
1. (h) “Meeting” has the meaning which it has in Section 87 and Section 88 of the Municipal Act. Revised Statutes of Nova Scotia, 1967 Chapter 192;
1. (i) “Month” means the calendar month;
1. (j) “Municipality” means the Municipality of the District of Barrington;
1. (k) “Quorum”, as applied to the Council, means a majority of the
Councillors constituting the Council; as applied to a Committee or
Board
means
a majority of the members constituting the Committee or Board;
1. (l) “Session” means the proceedings of the Council held on any one day of the meeting;
1. (m) “Year” means the Financial Year, which is the Calendar Year;
2. Unless the context otherwise requires, the provisions of the
Interpretation
Act, Revised Statutes of Nova Scotia, 1967, Chapter 151, shall
apply to
these By-Laws and other By-Laws of the Council and the terms therein
shall
mean the same in such By-Laws.
3. Nothing in this By-Law excludes a judicial rule of construction that is applicable to a By-Law and not inconsistent with these By-Laws.
MUNICIPAL BUSINESS
1. (1) The Seal of the Corporation shall be made of suitable
material
and have engraved
on it the name of the Municipality.
1. (2) The Clerk shall keep the Seal.
1. (3) The Warden or Clerk may affix the seal to any document for
the
purpose of
authentication and a fee of One Dollar and Fifty Cents ($1.50) shall be
charged for such authentication.
1. (4) Notwithstanding Subsection (3), no fee shall be charged for
authentications
or
certificates or appointment of Municipal or District Officers
required by a Court
of law.
1. (5) The Warden and Clerk shall affix the seal to any authorized
deed
or contract
which is required by law to be under Seal and shall countersign
such documents.
2. The Clerk shall keep in his office a copy of the By-laws of the
Municipality
amended to
date, which shall be open to public inspection without charge
at all reasonable hours.
BY-LAW NO. 7
1. Unless it is otherwise provided and subject to the direction and
control of the Council and Warden, the Clerk shall have the general
custody
and control of the municipal property and of property subject to the
management
of the Municipal Council.
2. This By-law shall apply to any land or building owned by the
Municipality
or to any airport, landing field or landing strip entirely
within the Municipality;
but shall apply to any airport operated by Her Majesty in Right of
Canada.
3. No person shall trespass in or upon land or buildings owned by the Municipality, except as hereinafter provided.
4. No person shall leave a vehicle, whether attended or unattended, in or upon property owned by the Municipality, except as hereinafter provided.
5. No person shall leave any animal or animals, whether attended or unattended, in or upon lands or buildings owned by the Municipality.
6. The Municipal Council shall make Regulations from time to time
for
the hours of use of lands or buildings owned by the Municipality
and shall
display the said Regulations along with all other Regulations as may
from
time to time be made in relation to the use of said
lands or buildings
in prominent places in the areas to which the said Regulations shall
apply.
7. Any Police Officer, on discovering a motor vehicle, either
attended
or unattended, in or upon lands or buildings owned by the
Municipality,
not being there in accordance with the provisions of this By-law or
Regulations
made under this By-law, shall cause
the motor vehicle to be removed and
retained in a suitable place and the cost of such removal and retention
shall be at the expense of the owner thereof.
a. Destroys or damages or causes to be destroyed or damaged any property owned by or under the care of the Municipality;
b. Removes or causes to be removed any soil, gravel, trees, sand or
stones from land of or
under the care of the Municipality or;
c. Deposits or causes to be deposited any soil, stones, sand,
gravel, garbage, filth, refuse, or other material on
lands owned by or
under the care of the Municipality; shall be liable for a penalty under
this By-law.
10. (1) Any person who:
10. (1)(a) Causes an obstruction in any public place, way or street; or
10. (1)(b) Places or causes to be placed on buildings or fence in
such
manner that it projects
into or over any public place, way or street; shall, upon notice
being served upon
him, or posted on the property, remove the encroaching building
or fence.
10. (2) Where a person fails to remove an encroaching building or
fence
under the
provisions of Subsection (1) the Clerk may order it removed
at the expense of the
owner in default, and where the person in default does not pay
the expenses on
demand, the Municipality may recover such expenses by an action
in its name for
debt in any Court of competent jurisdiction.
11. (1) Any person who uses a field abutting on a public place, way
or street for the
purpose of grazing or pasturing horses, cattle, sheep, swine
or other animals likely
to stray from the field shall erect or maintain a fence along
the boundary line
between the field and the public place, way or street sufficient
to prevent the
animals from straying from or breaking out of the field.
11. (2) A frontage fence required by this Section which has been
approved
by a duly
appointed fence viewer shall be sufficient for the purposes
of this Section.
11. (3) The provisions of this Section shall not affect the duty to maintain such fence.
12. No person shall drive or ride any horse, cow, sheep, swine of other animal:
<>a. On any sidewalk; or13. (1) Any person who violates any provision of this By-law or any
Regulation pursuant to Section 6 shall be guilty of an offence
and liable to a penalty
not exceeding One Hundred Dollars ($100.00) and in default
of payment to imprisonment
for a
period not exceeding two (2) months, and in addition, at the
Court’s discretion, be
ordered to make restitution of any damage done.
COLLECTION,
STORAGE AND DISPOSAL OF WASTE
1.
Definitions:
a. “Blue bag recyclables” means aluminum cans, tin
cans, plastic bottles, plastic bags, glass bottles,
paper and cardboard and such additional items as may be defined and
approved from time to time
by resolution of Council. For calculation purposes one bundle of
cardboard is treated as the equivalent
of 1 blue bag.
aa. “Bulky waste” means bulky items including
refrigerators, stoves, washing machines, furniture,
mattresses, rugs and such additional items as may be defined and
approved by Council from time to time.
b. “Collection” means the action by Council or
designated Contractor to collect and dispose of, by lawful
means, all solid waste and recyclable materials.
c. “Compostable material” means organic materials,
including but not necessarily limited to, grass,
leaves, vegetable matter, table scraps, garden waste, wet paper
products, shredded cardboard and chipped
branches.
d. “Contractor” means the person or company, who by
contract with the Municipality, is responsible
for the collection and disposal of solid waste and recyclable materials
in the Municipality.
e. “Council” means the Council of the Municipality of
the District of Barrington.
a. “Household Hazardous Waste” means such items as
paint, oil, anti-freeze, etc.
g. “Householder” means the owner, occupant, leasee or
person assessed for real property and the building
thereon.
h. “Kitchen Bin” means a small plastic bucket or
green bin used to collect organic waste.
i. “Municipality” means the Municipality of the
District of Barrington.
j. “Public highway” means any road owned and
maintained by the Province of Nova Scotia or the
Municipality of the District of Barrington.
k. “Residual waste” means waste not included in blue
bag recyclables, compostable materials, special
waste or household hazardous waste.
1. No person shall without reasonable cause, shout, sing, ring a
bell,
blow a horn, or make
any disturbing noise, in any public way or place or in the
vicinity
thereof in the
Municipality between the hours of nine o’clock in the afternoon
and nine o’clock on the
next forenoon.
2. (1) Except between the hours of seven o’clock in the forenoon and
twelve o’clock in
the afternoon on any weekday, no loudspeakers, microphones,
amplifiers or other
transmitting apparatus connected with a radio, phonograph, or
other sound
transmitting apparatus shall be operated in the Municipality
so that the sound
transmitted is projected beyond the distance of one thousand
(1,000) feet.
2. (2) Any person who:
2. (2)(a) Owns, operates, or has in his possession or control a
transmitting
apparatus
contrary to the provisions of Subsection (1) of this section;
or
2. (2)(b) Permits a transmitting apparatus to be operated on his
premises
or in or on his
motor vehicle contrary to the provisions of Subsection (1) of
this Section, shall
be guilty of an offence.
2. (3) This section shall not apply to any horn, whistle, bell, or
broadcasting
device
used:
2. (3)(a) By any church;
2. (3)(b) For summoning or directing employees, or
2. (3)(c) For the public interest or safety;
3. No person shall without reasonable cause ring any door bell or
knock
at any door or
window, or otherwise disturb the occupants of any room or
premises
by signals.
4. No person shall remove, damage of hide any gate, fence or door
unless
authorized thereto
by the occupant or owner of the premises to which such gate,
door or fence
is
appurtenant.
5. No person shall maintain any kennel, fox farm, or other like
establishment
which by
reason of smell, noise, pests, or escaping animals causes
annoyance
to the public or to the
occupants of neighbouring premises.
6. No person shall cause or permit any pigsties to be within one
hundred
and fifty
(150’)
feet of any public way, place or building.
7. (1) Where any person cuts ice on any pond, lake, river, or stream
he shall, before
leaving the same, erect a fence of brush, poles, wire or other
materials, sufficient
to prevent any accident which is reasonably possible.
7. (2) No person shall remove a fence so erected, unless all
reasonable
possibility of
accident from the lack of such fence has ceased.
8. No person shall drive or operate a motor boat on any lake or
river
over which the
Legislature of the Province of Nova Scotia has authority at a
speed greater than is
reasonable in the circumstances or in manner so as to endanger
the safety of or to
incommode others.
9. No person shall establish, maintain, or operate or cause to be
established,
maintained, or
operated a garage or body repair shop so as to cause annoyance
to the public or to the
occupants of neighbouring properties.
10. No person shall walk, stand or be in any position where he
obstructs
passage in any
public way or place, or obstructs the steps or entrance of any
premises, whether public or
private, nor shall any person conduct himself in such a way or
place or near such steps or
entrance so as to annoy any person lawfully using such places.
11. No person shall enter or remain within any private dwelling or
place
of business after he
has been requested to withdraw by any occupant in possession
of the premises.
12. No person shall disturb the public peace in the Municipality or:
12. (a) Incommode peaceful passers by or loiter on the highways or
in
doorways or
windows of shops or dwellings on the highways in the
Municipality,
or;
12. (b) Obstruct people by standing across the sidewalks or highways
in
the
Municipality.
No person shall use any explosives for blasting within One Thousand
(1,000) feet of any building, public way or place
except under the following
conditions:
(a) No blast shall be set off in the Municipality between nine
o’clock
in the afternoon and
seven o’clock in the forenoon following.
(b) All explosives, charges and sites shall be covered with heavy
rope,
brush, mats, or similar
apparatus so as to prevent effectually the escape of broken rock,
stones, turf, soil or other
dangerous fragments.
(c) No blast shall be set off while any person is within three
hundred
(300) feet of the charge,
unless he is within a prepared pit or baffle sufficient for
complete
safety.
(d) No blast shall be set off unless a warning be given at least one
(1) minute before each
blast.
1. (1) No provision of this By-law shall apply to dogs unless they
are
specifically
included in the provision.
1. (2) This By-law shall apply to all the Municipality.
2. (1) No person shall cause pain to any domestic bird or
animal
including any
domestic
dog.
2. (2) No person shall maim any wild or domestic bird or animal,
including
any dog, nor
blind it so as to cause suffering, nor treat it otherwise than
in a humane manner.
3. The owner or harbourer of any domestic animal who does not
prevent
the domestic
animal from going at large shall be liable to a penalty.
4. The owner or harbourer of any domestic animal which is suffering
from an infection or
contagious disease, who:
4. (a) does not prevent it from leaving his premises under effective control, or
4. (b) does not prevent it from herding with undiseased animals,
shall
be liable to a
penalty.
5. No domestic fowl shall be permitted to leave the premises of the
owner or run at large
within the Municipality of the District of Barrington.
5. (a) The owner of any domestic fowl which runs at large, contrary
to this By-law, is
guilty of an offence under this By-law, and is subject on
conviction
to the penalty
prescribed in By-law No. 16.
5. (b) Any Constable or Peace Officer, without notice to or
complaint
against the owner
of any such domestic fowl, may impound such domestic fowl, and
after giving
forty-eight (48) hours notice to the owner following the
impounding,
may dispose
of said domestic fowl either by selling same for the best price
obtainable, or if the
domestic fowl cannot be sold, it may be destroyed in a humane
manner.
5. (c) A person or owner claiming the impounded domestic fowl shall
be liable to pay
the sum of five dollars ($5.00) for each day that the domestic
fowl
are
impounded.
11-1 6. (2) Any Constable or Peace Officer may destroy or cause to
be
destroyed any animal
which has rabies, anthrax, or other deadly diseases.
6. (3) Any person may secure or confine any dog or other animal
which
appears to be
rabid.
7. (1) Where no pound is created, the Warden may authorize any
suitable
building or
enclosure to be used as a pound.
7. (2) The council shall annually appoint a poundkeeper.
7. (3) A Pound Keeper shall be entitled to $5.00 per day for
impounding
any animal.
1. This By-Law is entitled the “Dog By-Law”.
Definitions
2. In this By-Law:
<> (1) “destroy” means kill; (7) “Municipal Staff” means the Municipality’s By-Law
Enforcement
Officer
or a person appointed by the Chief Administrative Officer
or Council to
act on the Municipality’s behalf for the purposes of this
By-Law, and
includes the Pound Keeper;
(8) “owner” means the owner of a dog and any person who
possesses,
has the
care or control of, or harbours a dog and, where such
a person is a minor,
includes a parent, guardian or custodian of such a person;
3. Municipal Staff shall be responsible for the enforcement of this By-Law.
4. Council shall appoint a Pound Keeper who shall:
(1) collect on behalf of the Municipality any Impounding
Fees,
Daily Pound
Fees and any other additional charges or fees as are
authorized
in this By-
Law and as may be set by resolution of Council;
(2) be responsible for the operation of the pound;
(3) provide adequate food and water to impounded dogs;
(4) keep the pound in a reasonable state of cleanliness;
<> (5) keep the pound premises neat and tidy in appearance.Dogs Running at Large
5. Any dog which is off the premises occupied by the owner without
being
under the
continuous restraint and control of some person is deemed to
be running at large
for the purposes of this By-Law. A dog which is tethered
on a tether of sufficient
length to permit the dog to leave the property boundaries of
the premises occupied
by the owner is deemed to be running at large.
6. The owner of a dog shall, while the dog is off the premises
occupied
by the owner, keep the dog under control by means
of a harness or leash,
and the dog shall be
deemed to be running at large where the owner fails to use such
apparatus, except
that an unleashed and unharnessed dog that is under continuous
effective human
restraint and control shall not be deemed to be running at large.
Fierce or Dangerous Dogs
<>7. For purpose of this By-Law a dog that is fierce or dangerous means any dog:Responsibilities of Owners
8. Every owner of a dog
(1) whose dog runs at large;
(2) whose dog persistently disturbs the quiet of the
neighbourhood
by barking, howling or otherwise;
(3) who neglects or refuses to provide a written statement
required
by this By-law;
(4) who harbours, keeps, or has under care, control or direction
a dog that is fierce or dangerous;
(5) who fails to remove the feces of a dog, other than a dog
that is trained to assist and is assisting a person with a
disability,
from public property or private property other than the owners;
is in contravention of the By-Law.
Impounding
9. Municipal Staff may, without notice to or complaint against the
owner,
impound any dog that:
(1) runs at large contrary to this By-Law;
(2) is fierce or dangerous;
(3) is rabid or appears to be rabid or exhibits symptoms of
canine
madness; or
(4) persistently disturbs the quiet of the neighborhood by
barking,
howling or otherwise.
10. An Impounding Fee of $25.00 and a Daily Pound Fee of $10.00
shall
be payable by any person seeking to redeem
an impounded dog.
11. Except in the case where a dog is impounded for being fierce or
dangerous, or is rabid or exhibits symptoms of canine
madness, the owner
of a dog which has been impounded, upon proof of ownership of the dog,
may redeem the dog after
payment to the Pound Keeper, or making arrangement
for payment satisfactory to the Pound Keeper, of the Impounding Fee
and
the Daily Pound Fee(s), along with reimbursement for any Extraordinary
Expenses incurred by the Municipal Staff in relation
to the dog.
12. Any dog which has not been redeemed by its owner at the expiry
of
a period of 72 hours after being impounded may be given
away, sold or killed
by the Pound Keeper and, if sold, the proceeds shall belong to the
Municipality.
13. Whenever the 72 hours of impounding time expires on a weekend,
the
Pound Keeper shall hold such dog until the expiry
of the first business
day following the weekend to permit the owner to redeem the dog.
Notice
14. Upon any dog being impounded the Pound Keeper shall make at
least
one attempt to contact the owner of the dog if
ownership can be reasonably
determined. Provided however that if a dog is missing, the onus
is
on the owner of the dog to ascertain
within the time period provided for
impounding under this By-Law, whether the dog has been impounded, and
neither
the Pound Keeper
not the Municipality shall incur liability in the event
of failure to give Notice to the owner, if the owner has not made
inquiry
of the Pound Keeper
to determine whether the dog was impounded.
Destroying
15. Municipal Staff may, without notice to or complaint against the
owner, destroy on sight or after capture any dog that:
(1) is fierce or dangerous;
(2) is rabid or appears to be rabid or exhibits symptoms of
canine
madness;
(3) is sick or injured such that it requires a veterinarian or
would cause undue distress to the animal or costs to treat would be
excessive
to the Municipality.
16. Municipal Staff may, kill on sight any dog that is running at
large
and which he or she believes, on reasonable and probable grounds, to
pose
a
danger to a person or a domestic animal or to property of persons
other
than the owner.
Penalty
<>17. Any person who contravenes any provision of this By-Law is punishable on conviction by a fine of not less than $100.00 and not moreTRADE AND LICENSING
THE DESTRUCTION OF CERTAIN DOCUMENTS
1. The Council may, by Resolution which may be in the form as set
out
in Schedule “A” of this By-law or to the like effect, cause the
destruction
of any documents or records of the Municipality after they are no
longer
required, provided that the Clerk submits to the Council his affidavit
setting forth each of the documents or records to be destroyed and that
he has personally examined each of the documents or records proposed
to
be destroyed and that there is nothing of value therein.
2. The affidavit of the Clerk setting out that he has personally
examined
each document or record and that there is nothing of value therein
may
be in the form as set out in Schedule “B” of this By-law, or to the
like
effect.
3. Nothing in this By-law shall authorize the destruction of the following documents:
3. (a) Deeds, Mortgages or other documents or records relating to the title of real property;
3. (b) Court Records
3. (c) Records required to be kept by any Statute;
3. (d) Records less than five (5) years old;
3. (e) Minutes, By-laws, or Resolutions of the Council;
3. (f) Plans and surveying Records, and
<>3. (g) Affidavit of the Clerk made pursuant to this by-law.MUNICIPALITY OF THE DISTRICT OF BARRINGTON
WHEREAS the documents and records of the Municipality of the District of Barrington as set out in the Affidavit of , the Municipal Clerk, sworn to the day of , A.D., 1972 , are no longer required;
AND WHEREAS according to the said Affidavit the said documents and records have been personally examined by the said Clerk and he has determined that there is nothing of value therein and that the said documents and records do not include any documents or records which are exempt from destruction pursuant to Section 3 of the Destruction of Documents By-law;
BE IT THEREFORE RESOLVED that the said documents and records as set
out in the said Affidavit of the said Clerk be forthwith removed and
destroyed.
This is to certify that the foregoing is a
true copy of
a
Resolution duly passed at a duly called meeting of
the
Municipal Council of the Municipality of the District
of
Barrington duly held on
the,
day of
, A.D., 197
A.D., 1973
Clerk
SCHEDULE “B”
MUNICIPALITY OF THE DISTRICT OF
BARRINGTON
AFFIDAVIT
IN THE MATTER OF: THE MUNICIPAL
ACT, REVISED STATUTES
OF NOVA SCOTIA, 1967, CHAPTER 192
- and -
IN THE MATTER OF: The destruction of
Documents
By-law of the
Municipality of the District of Barrington
I, of in the County of Shelburne and the Province of Nova Scotia, Clerk of the Municipality of the District of Barrington, do make the oath and say:
1. THAT I am the Municipal Clerk of the Municipality of the District of Barrington.
2. THAT I have personally examined each of the documents and records listed immediately below, pursuant to the Destruction of Documents By-law of the Municipality of the District of Barrington which permits the destruction of documents and records which are no longer required.
2. a)
2. b)
2. c)
2. d)
2. e)
3. THAT the aforesaid list does not contain any document or record
exempt
from
destruction pursuant to Section 3 of the said By-law.
4. THAT to the best of my knowledge and belief there is nothing of value contained therein.
5. THAT the said documents and records are no longer required by the
said Municipal
Council.
SWORN to at
in the County of
and the Province of Nova Scotia,
this
day of
, A.D., 19
A Commissioner of the
Supreme Court of Nova Scotia
PENALTIES
1. Where any person violates a By-law for which no penalty is
elsewhere
expressly provided, he shall be liable upon summary conviction
to a penalty
not exceeding Two Hundred and Fifty Dollars ($250.00) and in default of
payment to imprisonment for a period not exceeding
thirty (30) days.
2. Where a person is in prison for failure to pay a fine or cost he
shall be discharged from his imprisonment upon payment of the fine,
cost
or
charges for conveying him to the place of his imprisonment.
3. Every sentence of imprisonment for a violation of a By-law shall be served in a jail in the County of Shelburne or otherwise designated by the Court.
4. Every fine or penalty imposed under a By-law shall be exclusive of costs, and costs when incurred shall be imposed in addition to a fine or penalty.
5. No fine or penalty imposed under a By-law shall be construed so as to affect any liability for damages.
6. Except where otherwise expressly provided, any person may initiate a prosecution for a violation of a By-law.
7. Unless otherwise provided every fine or penalty for a violation of a By-law shall be paid to the Treasurer of the of the Municipality and form part of its general fund.
8. Upon conviction for a violation of a By-law requiring a person to
obtain a license or a permit, the justice, magistrate or judge may in
addition
to
any penalty, order the Defendant to pay the fee for such license or
permit and in default of payment thereof to imprisonment for a term not
exceeding
twenty (20) days. Upon payment of such fee the Defendant
shall receive his license of otherwise entitled thereto.
A BY-LAW TO
PROVIDE FOR A PROMPT
AND COORDINATED
RESPONSE TO A STATE OF LOCAL EMERGENCY
A MUNICIPAL EMERGENCY MEASURES BY-LAW
The Council of the Municipality of the district of Barrington under
the authority vested in it by the Municipal Act, R.S.N.S. 1989, and the
Emergency
Measures Act. R.S.N.S. 1990, c.8, s.10, enacts as follows:
SHORT TITLE
1. This by-law may be cited as the “Emergency Measures By-law”.
INTERPRETATION
2. (1) “Act” means the Emergency Measures Act, R.S.N.S. 1990, c.8
(2) “Agreement” means the agreement between the town of
Clark’s
Harbour and the Municipality of the District of Barrington pursuant
to
Section 10 (2) (c) of the Acts, as amended from time to time.
(3) “Council” means the Council of the Municipality of the District of Barrington.
(4) “Director” means the Director of the Emergency Measures Organization.
(5) “Emergency” means a present or imminent event in respect
of
which the Municipality believes prompt coordination of action or
regulation
of persons or property must be undertaken to protect property or the
health,
safety or welfare of people.
(6) “Minister” means the member of the Executive Council to whom is assigned the administration of the Act and Regulations.
(7) “Municipal Emergency Measures Plans” means plans, programs
or procedures prepared by the Town and the Municipality that are
intended
to mitigate the effects of an emergency or disaster and to provide for
safety, health or welfare of the civil population and the protection
of
the property in the event of such an occurrence.
(8) “Executive Committee” means the Municipal Emergency Measures Executive Committee established pursuant to the by-law.
(9) “Coordinator” means the person appointed as the Municipal Emergency Measures Coordinator by Council pursuant to this by-law.
(10) “Organization” means the Municipal Emergency Measures Organization established pursuant to this by-law.
(11) “Planning Committee” means the Municipal Emergency Measures Planning Committee established pursuant to this by-law.
(12) “Municipality” means the Municipality of the District of Barrington.
(13) “State of Emergency Regulations” means regulations
approved
by the governor in council by Order in Council 92-61, Regulation 17/92,
as amended from time to time.
(14) “State of Emergency” means a state of local emergency
declared
by the Municipality pursuant to the Act or renewed by the Municipality
pursuant to the Act and Regulations made pursuant thereto and this
by-law.
(15) “Town” means the Town of Clark’s Harbour.
MUNICIPAL EMERGENCY MEASURES ORGANIZATION
3. (1) The Council hereby establishes a Municipal Emergency Measures Organization in accordance with the agreement.
(2) the Organization shall consist of the following persons and committees:
(a) an Executive Committee;
(b) a Coordinator; and
(c) a Planning Committee.
MUNICIPAL EMERGENCY MEASURES EXECUTIVE COMMITTEE
<>4. (1) Council shall appoint representatives to the Executive Committee in accordance with the agreement from its members(3) The Executive committee shall:
(a) advise Council on the development of municipal emergency measures plans;
(b) present municipal emergency measures plans to council;
(c) brief Council on developments during a local state of emergency and
(d) perform such other duties as may be required by the
Council.
MUNICIPAL EMERGENCY MEASURES COORDINATOR
5. (1) The Coordinator shall be appointed by the Councils for such term as the agreement provides.
(2) The Coordinator may be paid reasonable expenses for work incurred under this by-law.
(3) The Coordinator shall:
(a) chair the Planning Committee;
(b) coordinate and prepare municipal emergency measures plans;
(c) following a declaration of state of local emergency,
prescribe,
as necessary, duties to be fulfilled by employees,
servants and agents
of the Municipality; and
(d) perform such other duties as may be required by the
Council.
MUNICIPAL EMERGENCY MEASURES PLANNING COMMITTEE
6. (1) Council shall appoint representatives to the Planning Committee as the agreement provides.
(2) The Planning committee may include, but not necessarily limited to, person responsible during an emergency for:
(a) social assistance;
(b) R.C.M.P. policing;
(c) firefighting;
(d) engineering services;
(e) health services;
(f) community services;
(g) transportation;
(h) communications;
(i) public information;
(j) utilities;
(k) financial services; and
(l) legal services;
(m) marine services;
(n) ground search & rescue;
(o) air search & rescue.
(3) The Planning Committee shall:
(a) assist the Coordinator in the preparation and coordination of municipal emergency measures plans;
(b) advise the Executive Committee on the development of municipal emergency measures plans;
(c) upon request, assist the Executive Committee in the presentation of municipal emergency measures plans to Council; and
(d) perform such other duties as may be required by the Executive Committee of the Council.
AGREEMENTS
7. (1) Subject to preliminary approval of council, the Executive
Committee
may, as part of municipal emergency measures plans,
negotiate an agreement
to be approved by the Council or person designated by the Council with
the government of Canada, the
Province of Nova Scotia, a municipality,
city or town or any other agency or any person.
(2) Any agreement negotiated under subsection (1) is not
binding
until it is approved by Council.
DUTY OF COUNCIL
8. (1) The Council shall review and evaluate municipal emergency plans presented to it by the Executive committee.
(2) The Council may specify additional duties to be fulfilled by the Executive Committee, the Coordinator and the Planning committee.
(3) The Council may appropriate and expend monies:
(a) to pay reasonable expenses of members of the Executive committee, the Coordinator and the Planning Committee; and
(b) to fulfil the terms and conditions of an agreement
approved
by the Council, pursuant to Section 7.
DECLARATION OF STATE OF LOCAL EMERGENCY
9. (1) The Council shall declare a state of local emergency by completing Form 4 attached to the State of emergency Regulations.
(2) The Warden, acting under Section 12 (3) of the Act, shall complete Form 5 attached to the State of emergency Regulations.
(3) With the approval of the Minister, the Council may renew a
state of local emergency by completing Form 6 attached to the State of
Emergency Regulations.
(4) The Council may terminate a state of local emergency by
completing
Form 7 attached to the State of Emergency Regulations.
17-5
(5) A copy of a declaration signed under this Section shall
immediately
be delivered or faxed to the Minister and the Director.
NOTICE PROVISION
10. Following the signature of a declaration under Section 9, the
Council
shall immediately cause the details of the declaration or termination
to
be
communicated or published by such means as the Council considers the
most likely to make the contents of the declaration or termination
known
to the
people of the area affected.
DUTIES DURING A STATE OF LOCAL EMERGENCY
11. Following the issuance of a declaration under Section and for the duration of the state of local emergency:
(1) every Councillor shall keep the Council posted respecting their whereabouts; and
(2) every employee, servant and agent of the Municipality who
has a key role to play in such emergencies as identified in the
municipal
emergency measures plans shall:
(a) advise the Coordinator of their whereabouts; and
(b) fulfill such duties as may be prescribed by the
Coordinator.
MINUTES OF MEETING
12. Minutes of all meetings of the Executive committee and Planning
Committee shall be taken and a copy shall be forwarded to the Town and
the
Municipality within ten (10) days of each meeting.
REPEAL
13. This Emergency Measures By-law of the Municipality of the
District
of Barrington replaces and supersedes all previous Emergency
Measures By-laws
of the Municipality.
Council Approval October 29, 2997
<>From and after the day on which the following By-laws and Regulations hall be approved by the Minister of Municipal Affairs, all by-Law,
THIS IS TO CERTIFY that the By-laws, of which the enclosed are a true copy, were duly passed at a duly called special Meeting of the Municipal Council of the Municipality of Barrington, held at Barrington, Nova Scotia, on Thursday, the 28th day of June, A.D., 1973.
DATED at Barrington, Nova Scotia, this 28th day of June A.D., 1973.
C.H. Smith
Warden
J.R. Fry
Municipal Clerk
MUNICIPALITY OF THE DISTRICT OF BARRINGTON
GENERAL BY-LAWS
PASSED BY COUNCIL JUNE 28, 1973
Recommended for approval subject to the following changes.
F. Robertson
DEPARTMENT SOLICITOR
The within By-law are approved this 17th day of October, A.D., 1973 with the following changes:
1. In Section 3 of By-law No. 3 the reference to Section 96 of the
Municipal
Act shall be changed to Section 90.
2. In Section 8(18) of By-law No. 3 the word “bote” in line four is
changed to “vote”.
3. In Section 9(9) of By-law No. 3 the word “by” is inserted in line
one after the word “given”.
4. Section 17 of By-law No. 8 is not approved.
BY-LAW NO. 19
MOBILE HOME PARK BY-LAW
PART 1
Title
This By-law shall be know and may be cited as “Mobile Home Park By-law No. 19" of the Municipality of the District of Barrington.
PART 2
Definitions
In this By-law the work “shall” is mandatory and not permissive.
Words
used in the present tense shall include the future.
Words used in
the singular number shall include the plural and words used in the
plural
number shall include the singular, unless
otherwise indicated. All
other words shall carry their customary meaning except those defined
hereinafter.
2.1 Accessory Building means any building or structure which is
constructed
or otherwise place on a mobile home space and is used
exclusively as a
use which is accessory to the use of the mobile home as a dwelling.
2.2 Addition means any deck, enclosed space, stairway or wheelchair
ramp and any similar structure which is attached to the mobile
home or
otherwise added onto the mobile home space and shall exclude the
foundation
and skirting of the mobile home.
2.3 Applicant means the mobile home park owner or designated agent as the case may be.
2.4 Building Inspector means the Building Inspector of the Municipality of the District of Barrington.
2.5 Council means the Council of the Municipality of the District of Barrington.
2.6 Development Officer means the Development Officer of the Municipality of the District of Barrington.
2.7 “K” Road means a public road owned but not maintained by the province and identified in Appendix “A” of the subdivision By-law.
<>2.8 Land Surveyor means a land surveyor who is a registered member, in good standing of the Association of Nova Scotia Land Surveyors.2.10 Mobile Home or Mini Home means a vehicular portable single
detached
dwelling built in compliance to the Canadian Standards
Association (CSA)
Z240 set of standards and for the purpose of the By-law shall include
any
mobile home which was not built to the
aforementioned standards but shall
not include a travel trailer, recreational vehicle, school bus, trailer
otherwise designed or a multi-sectional modular home.
2.11 Mobile Home Owner means the owner of a mobile home located within a mobile home park.
2.12 Mobile Home Park means a lot or area of land which contains
four
(4) or more mobile home spaces and includes any service
building and services
used as part of the equipment of the mobile home park. For the
purpose
of this by-law mobile home park shall be
referred to as park.
2.13 Mobile Home Park Development means the construction of a new mobile home park and any expansion of an existing mobile home park.
2.14 Mobile Home Park Owner means the owner of a mobile home park.
2.15 Mobile Home Park Sanitary Sewer means a sewer and any
appurtenances
thereof which are privately owned and maintained by the park
owner and
which may be connected to the municipal sewer.
2.16 Mobile Home Space means a parcel of land which is developed to accommodate one (1) mobile home within a mobile home park.
2.17 Municipal Sewer mean any sewer controlled by the Municipality.
2.18 Park Street means a street situated within a park which is not
a public or private road herein defined and which street has access
directly
on to a public road or private road or “K” road.
2.19 Private Road means any road which is not public shown on a plan of subdivision which:
<> a) extends to and has access to a public road and where not totally located within the area of land being subdivided, the private road shall have2.20 Public Road includes any road owned and maintained by the Municipality or the Province; and a
a) municipal public road means any road owned and maintained by the Municipality;
b) provincial public road means any road owned and maintained
by the Department of Transportation and Public Works excluding
designated
controlled access highways pursuant to Section 20 of the Public
Highways
Act.
2.21 Public Works Department means the Public Works Department of the Municipality of the District of Barrington.
2.22 Sanitary Sewer means a sewer receiving and carrying liquid and
water carried wastes and to which storm, surface or groundwaters are
not
intentionally admitted.
2.23 Service Building means any building or structure which is
constructed
or otherwise place within the mobile home park designed to be in
association
with the operation of the mobile home park and for the purpose of this
By-law shall include a business office associated with a mobile home
display.
2.24 Sewer means a pipe conduit for carrying sewage, groundwater,
stormwater
or surface runoff, and includes all sewer drains storm sewers,
clearwater
sewers, storm drains and combined sewers vested in, or under the
control
of the Municipality but does not include a mobile home park sewer.
2.25 Supervisor of Public Works means the Supervisor of the Public
Works
of the Municipality of the District of Barrington.
PART 3
Application
<>3.1 This By-law shall apply to the development and maintenance of all new parks and all expansions to existing parks in any area of thePART 4
General Requirements
4.1 Nothing in this By-law shall exempt any person from obtaining
any
license, permission, permit, authority or approval required by any
other
By-law or Regulation of the Municipality or any Statute and Regulation
of the Province of Nova Scotia.
4.2 Where the provisions of this By-law conflict with those of any
other
Municipal or Provincial Regulation, By-law or code, the higher or more
stringent requirements shall prevail.
4.3 All mobile home spaces, service building and recreational spaces
shall only have direct access and egress to a park street and no road
in
any
development outside a park shall connect to a park street except where
provided in Section 11.4(a)(ii).
PART 5
Preliminary Plan Requirements
5.1 Any person proposing a new park or the expansion of an existing
park may submit to the Development Officer eight (8) copies of a
preliminary
plan or sketch showing the following information:
a) the approximate dimensions and area of the mobile home park and of each proposed mobile home space;
b) the approximate location, dimensions and names of all
existing
and proposed park streets and private roads within the park and of all
abutting public, private and “K” roads;
c) the layout of the proposed water distribution and sanitary sewer systems;
d) the approximate location and dimensions of all existing
rights-of-way,
easements, utility lines and all accesses to existing park streets
and
public streets and highways;
other prominent
natural feature which might affect the number of mobile home spaces,
the
provision or layout of sanitary sewer systems,
water distribution systems
and park street.
PART 6
Procedure for Preliminary Plan Evaluation
6.1 The Development Officer shall, if applicable, forward a copy of all plans received pursuant to Part 5 to:
a) the Public Works Department;
b) the Nova Scotia Department of Environment;
c) the Nova Scotia Department of Health and Fitness;
d) the Nova Scotia Power Inc.;
e) the Nova Scotia Department of Transportation and Communication;
f) any other department or agency deemed necessary by the
Department
Officer in order to evaluate the design, environmental,
planning and public
safety aspects of the proposed mobile home park.
6.2 The Development Officer shall advise the applicant in writing of
all departments and agencies which have not responded
within thirty (30)
days of the date on which the preliminary plan was forwarded.
6.3 The Development Officer shall within fifteen (15) days of
receiving
written comments of all applicable agencies pursuant to
Section 6.1, provide
an evaluation and forward a copy of the evaluation an all comments
received
to the applicant.
PART 7
Final Plan Requirements
<>7.1 Any person proposing to acquire a permit to construct, alter, expand, repair, maintain or operate a mobile home park shall7.2 The application required by Subsection 71. Shall be accompanied
by eight (8) copies of a final plan showing the boundaries
of the proposed
mobile home park and being certified by a Provincial Land Surveyor and
containing the following information:
a) the name and address of the applicant, and if the applicant is not the owner of the mobile home park, the name of the owner;
b) a location certificate of the mobile home park boundary
showing
the dimensions and total area of land to be developed as a mobile
home
park, which shall be certified and stamped by a Nova Scotia Land
Surveyor
in accordance with the Nova Scotia Land Surveyors
Act and the Regulations
made thereunder;
c) the location, boundaries, dimensions and total area of each
proposed mobile home space, park street and recreation area drawn to a
cale sufficient for clarity of all particulars of the mobile home park;
d) each mobile home space identified by a number;
e) the location and dimension and names of all existing and
proposed
park streets and private roads within the park and of all abutting
public,
private and “K” roads;
f) the location and dimensions of all existing rights-of-way,
easements, utility lines and accesses to all existing park streets and
public streets,
highways or private roads;
g) the approximate location of all existing and proposed structures on the land to be developed as a mobile home park;
h) the location of any watercourse, swamp, prominent rock
formation,
wooded area, area subject to flooding and any other prominent natural
feature
which might affect the number of mobile home spaces or the provision of
layout of sanitary sewer systems, water distribution systems,
park streets
and public streets or highways;
i) the date on which the plan was drawn;
j) the scale to which the plan is drawn;
k) the North Point;
l) any other information deemed necessary by the Development
Office
to determine whether the plan conforms to the By-law.
7.3 In addition to the requirements of Section 7.1, the applicant
shall
provide four (4) copies drainage plan and engineering drawings of the
proposed
water distribution and sanitary sewer systems.
7.4 Engineering designs and drawings shall be prepared, certified
and
stamped by a Professional Engineer.
PART 8
Procedure for Issuing a Mobile Home Park Permit
8.1 When the Development Officer is satisfied that the mobile home
park
development plan is complete and accompanied by all information
required
by Part 7, the Development Officer shall forward a copy of the plan and
documentation to the Public Works Department for approval
of the sanitary
sewer system.
8.2 The applicant shall obtain from the Nova Scotia Department of
the
Environment a certificate approving the design of the water
distribution
system
and a certificate approving the design of the sanitary sewer and
shall forward a copy of each certificate to the Development Officer.
8.3 The applicant shall obtain approval from the Nova Scotia
Department
of Health where a mobile home park is to be served by an on-site sewage
disposal system and shall forward a copy of the approval to the
Development
Officer.
8.4 The applicant shall obtain written acceptance of the electrical
distribution system, street lighting pattern and method of installation
from the Nova
Scotia Power Inc. and shall forward a copy of the acceptance
to the Development Officer.
8.5 Within fifteen (15) days of receiving approvals from all
agencies
and departments to which the application has been referred, the
Development
Officer shall:
a) issue a Mobile Home park Permit; or
b) notify the applicant in writing of any objectionable features.
<>8.6 A permit to develop a mobile home park issued under this Part shall expire one (1) year after its date of issue if the development for which thePART 9
Responsibilities of the Mobile Home Park Owner
9.1 The mobile home park owner shall comply with the applicable permit requirements of Part 12.
9.2 The mobile home park owner shall maintain the mobile home park,
including all related facilities and services, in good repair and in a
clean and
sanitary condition.
9.3 The mobile home park owner shall arrange to have all garbage and refuse removed from the mobile home park at least once each week.
9.4 The mobile home park owner shall cap all sewer and water connections when not in use.
9.5 The mobile home park owner shall:
a) provide a continuous supply of potable water to all mobile homes in the mobile home park; and
b) notify all mobile home owners at least twenty-four (24) hours in advance if an interruption in water service is anticipated.
9.6 The mobile home park owner shall maintain all park streets in
good
condition and shall plow all park streets within twenty-four (24) hours
of the
cessation of a snowfall.
9.7 The mobile home park owner shall erect and maintain street signs
in the mobile home park according to Section 11.4
PART 10
Responsibilities of the Mobile Home Owner
10.1 The mobile home owner shall comply with the applicable permit requirements of Part 12.
<>10.2 When the Municipality has established a street numbering system within a mobile home park, the mobile home owner shall clearly display thePART 11
Mobile Home Park: Standards and Requirements
11.1 Water Distribution and Sanitary Sewer Systems
a) In any proposed park development that connects to the
municipal
sewer, the Supervisor of Public Works shall inspect the connection of
the
park sanitary sewer before backfilling commences.
b) Following construction of the park’s water distribution and
sanitary sewer systems, the applicant shall provide the Development
Officer
with a
declaration by a Professional Engineer certifying that these systems
comply with the provisions of the certificates issued by the Department
of the Environment.
c) Where a park sanitary sewer is connected to the municipal
sewer,
no other sanitary sewer or lateral connection from any development
outside
the
park shall connect to the park sanitary sewer.
11.2 Design of Park Streets
All park streets shall be designed in accordance with the following:
a) park streets shall be laid out where reasonably possible in prolongations of other existing park streets;
b) park streets shall have a minimum width of forty (40) feet
and where the park street terminates in a cul-de-sac, the radius of the
cul-de-sac shall
be at least forty-eight (48) feet;
c) the traveled surface shall be centered within the park
street
and shall have a minimum width of twenty-four (24) feet and where the
park
street
terminates in a cul-de-sac, the turning circle of the travelled
surface shall have a radius of at least forty (40) feet;
d) the grade of a park street shall no exceed eight (8) percent except as otherwise approved by the engineer;
e) lands lying between the travel surface and the boundary of the park street shall be contoured to provide for proper drainage;
f) culverts of adequate size shall be installed under driveways to all mobile home, service building and display spaces;
g) lands lying between the travel surface and the park street
boundary shall be kept free from fences, walls, trellises, hedges,
shrubs
or other
obstructions;
h) any intersecting park streets shall intersect at an angle
of
seventy-five (75) degrees to ninety (90) degrees for a minimum distance
of one
hundred (100) feet from the intersection measured from the respective
centre lines; and
i) no more than four (4) park streets shall converge at any one point.
11.3 Construction of Park Streets
Park streets shall be constructed in accordance with the following:
a) Subgrade (or earth grade) shall be well drained, uniformly
graded with reference to the condition of the grade and compacted to
ninety-five
(95) percent proctor density. A course of granular material
shall
be laid on the subgrade. The thickness of this granular course
shall
be based
on subgrade conditions.
b) Streets which have neither flexible nor rigid pavement
shall
consist of gravel, crushed stone or other materials of equal function
and
durability.
Surfacing material which tends to produce dust or loose
particles shall be suitably treated to eliminate these characteristics.
11.4 Private Roads
This section shall only apply where a park owner proposed the construction of a private road over park property.
a) Purpose
i) The private road shall only be for the purpose of
providing
access to a public road for residential developments only on properties
which are
landlocked and immediately adjacent to or near the park property
and which cannot otherwise provide for a private road over other land
to
a
public road.
ii) the private road may serve as a park access to a public road only where a park street connects to the private road.
<> b) Requirementsiii) The private road shall be located outside the main area containing mobile home spaces.
iv) No mobile home space shall have direct access unto the private road.
11.5 Park Street as Right-of-Way
Nothing in the By-law shall prevent the use of a park street
as
a right-of-way for lots which are to be created from any area of land
in
accordance with Sections 5.01 (a) and 5.02 of the Subdivision By-law
where
the area of land is landlocked and immediately adjacent to or near a
park
and the lots cannot otherwise be served by a right-of-way over other
lands
to a public road provided that the lots shall only be used for
residential
purposes.
11.6 Street Signs
Park streets shall:
a) be named by way of street signs to be placed at the main
entrance
and at each intersection and any changes to street names shall be
approved
by the Development Officer;
b) have regulation “Stop” signs located at the intersection with all other park streets and public and private roads.
11.7 Mobile Home Spaces
Each mobile home space shall:
a) have a minimum area of six thousand (6,000) square feet and be clearly defined by permanent markers; and
b) have a minimum frontage of fifty (50) feet; and
<> c) be provided with at least one (1) off-street parking space having a minimum area of one hundred sixty (160) square feet ande) be equipped with building sewer and water service pipe connections in accordance with the latest edition of the Canadian Plumbing Code.
11.8 Recreation Space
Recreation space shall be developed at the ratio of at least
two
hundred (200) square feet per mobile home space. This recreation
space shall
be placed in locations convenient to all park residents, free
from traffic hazard, shall not be included in areas designated as
buffer
strips, and shall
be clearly defined. Where these requirements exceed
ten thousand (10,000) square feet, more than one recreation area shall
be provided.
PART 12
Permits Required
12.1 A Development Permit for a mobile home park shall be obtained
by
the mobile home park owner in accordance with the
provisions of the Land
Use By-law.
12.2 A Development Permit and a Building Permit shall be obtained by the mobile home park owner for:
a) the location or relocation of a mobile home on a mobile home space; and
b) the location or construction of a service building within a mobile home park.
12.3 A Development Permit and a Building Permit shall be obtained by the mobile home owner for:
a) the locations, construction, repair, placement or replacement of additions and accessory buildings on a mobile home space; and
<> b) a home occupation, professional or business use within a mobile home or in an accessory building thereof where the owner has receivedPART 13
Mobile Home, Accessory and Service Building Requirements
13.1 A mobile home being located shall have a minimum separation distance of at least:
a) fifteen (15) feet from any park street and twenty-five (25) feet from the bounary of any public street or highway; and
b) fifteen (15) feet from the boundary of the mobile home park; and
c) eight (8) feet from any adjacent mobile home space.
13.2 Accessory buildings shall be constructed in accordance with the provisions of the National Building Code and shall not be:
a) greater than fifteen (15) feet in height; and
b) located closer to any park street or public street or highway than the minimum distance required for the mobile home; or
c) located within:
i) two (2) feet of any side or rear boundary of a mobile home space;
ii) four (4) feet of the boundary of the mobile home park.
13.3 Home occupations, professional or business uses in mobile homes or accessory buildings thereof shall:
a) be wholly contained within the mobile home or accessory
building
thereof and the mobile home is the principle residence of the
operator
of the home occupation, professional or business use; and
b) not occupy more than twenty-five (25) percent of the floor
area of the mobile home or two hundred fifty (250) square feet of the
accessory
building or a combined floor area of the mobile home and accessory
building
of not more than two hundred and fifty (250) square feet; and
d) provide one (1) parking space, other than that required for the mobile home, in accordance with the provisions of Section 11.6(c).
13.4 Service buildings shall not be located within:
a) fifteen (15) feet of any adjacent mobile home space;
b) fifteen (15) feet of the boundary line of a park street;
c) twenty-five (25) feet of the boundary line of a public or
private
or “K” road.
PART 14
Mobile Home Display Requirements
14.1 Mobile home display units shall be permitted at a ratio of one
(1) unit for every five (5) mobile home rental spaces to a
maximum of three
(3) display units per mobile home park provided:
a) the mobile home space to be occupied by a display unit forms part of the mobile home space rental area; and
b) the display unit is located on a mobile home space in
accordance
with the minimum separation distance requirements
of Section 13.1.
PART 15
Aggrieved Person
15.1 Any person aggrieved by a decision of the Development Officer
or
Building Inspector made under this By-law may
appeal that decision to the
Council, by written notice given to the Clerk within fourteen (14) days
from the date of the written
decision of the Development Officer or the
Building Inspector.
PART 16
Penalties
<>16.1 Any person who violates any provision or requirement of this By-law is guilty of an offence and liable upon summary conviction
1. All words in this By-law have the same meaning as in the Building Code Act and the Regulations prescribed pursuant thereto.
2. A Building Permit shall be in the form set out in Schedule “A” hereto annexed.
3. An Occupancy Permit shall be in the form set out in Schedule “B” hereto annexed.
4. A Demolition Permit shall be in the form set out in Schedule “A” hereto annexed.
5. To obtain a permit, the owner shall file an application in writing on the form specified in Schedules “A” or “B” hereto annexed as the case may be.
6. Every application for a permit shall:
6. (a) Identify and describe in detail the work and occupancy to be covered by the permit for which application is made.
6. (b) Describe the land on which the work is to be done by a description that will readily identify and locate the building lot.
6. (c) Include plans and specifications as required by the Building Code and show the occupancy of all parts of the building.
6. (d) State the valuation and square footage of the proposed work and be accompanied by the required fee, and
6. (e) State the names, addresses and telephone numbers of the owner, architect, engineer or other designer or constructor.
7. (a) When an application for a permit has not been completed in
conformance
with the requirements of this By-law within six
months after it is
filed, the application shall be deemed to have been abandoned.
7. (b) A permit is valid for 1 year from the date of issue and is renewable.
<>8. Any revision to the work to be covered by a permit shall require an application for an amended permit.9. (a) shall state the date after which the condition under which
the
permit is no longer valid,
9. (b) may be extended in writing.
10. (1) Where in order to expedite work, approval of a portion of
the
building is desired prior to the issuance of a
permit for the whole project,
application shall be made for the complete project and complete plans
and
specifications
covering the portion of the work for which immediate approval
is desired shall be filed.
10. (2) Should a permit be issued for part of a building, the holder
of the permit
may
proceed, but without any assurance that the permit for the entire
building
will
be
granted.
10. (3) Any permit issued for part only of a building shall be
clearly
marked as for
part
only, and shall also indicate that a permit for the entire building is
not assured.
11. (1) A permit may be issued at the risk of the owner, with
conditions
to
ensure
compliance with the Building Code and any other applicable
Regulations,
to
excavate or to construct a portion of a building before all the plans
of
the
project
have been submitted or accepted.
11. (2) The permit shall be clearly marked “At Owner’s Risk”.
12. (1) A permit for a whole project may be issued conditional upon
the
submission,
prior to commencing work thereon, of additional information not
available
at
the
time of issue if such information is of secondary importance and is of
such
a
nature that withholding the permit until the information was available
would
delay the work unreasonably.
12. (2) The condition shall be set out on the face of the permit.
13. An Occupancy Permit may be issued, subject to compliance with
provisions
to safeguard persons in or about the premises,
to allow the occupancy of
a building or part thereof for the accepted use prior to commencement
or
completion of the construction or demolition work.
14. (a) The authority having jurisdiction may withhold a Building
Permit
until
satisfied
that any requirements of the Planning Act and a Land Use By-law
or
Development Agreement thereunder, which affect the construction
of
the
building, have been complied with, and that any required Development
Permit
has been issued by the Development Officer.
14. (b) Before issuing a Demolition Permit, the authority having
jurisdiction shall
be
satisfied that the building is not subject to the provision of a By-law
passed,
pursuant to the Heritage Property Act.
15. Fee for permits shall be:
New construction and additions:
- $5.00 plus $0.02 per square foot for sheds, garages and farm
buildings.
- $5.00 plus $0.06 per square foot for residential uses,
community
centres, and churches.
- $5.00 plus $0.10 per square foot for non-residential uses.
Repairs and alterations:
- $5.00 plus $1.00 per $1,000.00 estimated valuation.
Demolition Permit - $20.00
Occupancy Permit - N/C
16. Fees shall be refundable in situations and proportions as follows:
16. (a) Application never completed, permit denied, permit revoked, or abandoned before work commenced 75%.
17. (1) The authority having jurisdiction shall be notified and
given
an opportunity
to
inspect:
17. (1) (a) the foundation before backfilling, and before a superstructure is placed on a foundation,
17. (1) (b) the framing, roof, plumbing, and insulation complete before interior wall coverings are installed,
17. (1) (c) before occupancy.
<>17. (2) Such notice shall be by telephone or personal service of notice and shall be givenMUNICIPAL SEWERS
BEING A BY-LAW regulating the use of municipal and private sewers,
private
sewage disposal, the installation and connection
of building sewers and
the discharge of waters and wastes into the Municipal Sewer System
providing
penalties for violations thereof.
PART 1 - DEFINITIONS
1. Unless the context specifically states otherwise, the meaning of terms used in this By-law shall be as follows:
1 (a) “Building Sewer” shall mean a sewer which is located on
private
property and which connects the building drainage system
or the building
sanitary conveniences to the sanitary sewer, storm sewer or combined
sewer
or other place of disposal.
1. (b) “Combined Sewer” shall mean a sewer intended to function simultaneously as a storm sewer and a sanitary sewer.
1. (c) “Garbage” shall mean solid wastes from the domestic and
commercial
preparation, cooking and dispensing of food, and from
the handling, storage
and sale of produce.
1. (d) “Inspector” shall mean any Sanitary Inspector, Public Health
Inspector or any person who is authorized by the Municipality of
the District
of Barrington to carry out inspections or investigations on behalf of
the
Municipality of the District of Barrington as may be
required under this
By-law.
1. (e) “Municipal Council” shall mean the Council of the Municipality of the District of Barrington.
1. (f) “Municipality” shall mean the duly elected officials of the Municipality of the District of Barrington acting in Council.
1. (g) “Natural Outlet” shall mean any outlet into a ravine, gulch,
watercourse or the bed thereof, whether the same usually contains
water
or not, or any stream, river, creek, ditch, lake or other body of
surface
or groundwater.
1. (h) “On-Site Sewage Disposal System” shall mean:
(i) septic tank and a disposal field,
(ii) a holding tank,
(iii) a privy; or
(iv) a system, other than described above that meets
requirements
of the Department of Environment and Labour.
1. (i) “Municipal Sewer” shall mean a sewer controlled by the Municipality.
1. (j) “Polluted” shall mean altered physical, chemical, biological
or aesthetic properties of the natural waters of the area, including
change
of the temperature, taste, or odour of the waters, or the addition of
any
liquid, solid, radioactive, gaseous, or other substance
to the waters or
the removal of such substances from the waters, which will render or is
likely to render the waters harmful to the public
health, safety or welfare,
or harmful or less useful for domestic, municipal, industrial,
agricultural,
recreational or other lawful uses, or for
animals, birds, or aquatic life.
1. (k) “Sanitary Sewage” shall mean water-carried wastes from the
sanitary
conveniences of residences, commercial buildings or premises,
institutions,
and industrial establishments, but excluding storm sewage, as
hereinafter
defined.
1. (l) “Sanitary Sewer” shall mean a sewer which carries sanitary
sewage,
as defined hereinafter, and to which storm, surface, and ground
water are
not intentionally admitted.
1. (m) “Sewer” and “Sewage Works” shall mean all sewers, sewer
systems,
sewage pumping stations, sewage treatment plants, and other works
for the
collection, acceptance, transmission, treatment, and disposal of sewage
or for any one or more of them.
1. (n) “Slug” shall mean any discharge of sewage which in
concentration
of any given constituent or in quantity of flow exceeds more than five
times the average 24 hour concentration or flow for a period in excess
of fifteen minutes.
1. (o) “Storm Sewage” shall mean ground, surface, and storm waters
which
are unpolluted other than by their contact with the natural
environment,
and industrial cooling water, and unpolluted process water.
PART 2 - PETITION AND COMMITTEE
1. (a) Whenever the majority of the owners of property in any
designated
area of the Municipality shall petition the Municipal Council for the
construction
of a municipal sewer, then the Municipal Council may, unless for
sufficient
reason to the contrary, order the same to be constructed.
1. (b) Every petition for a municipal sewer shall be in the form in
Appendix “A” of this By-law, or to the like effect, and every petition
shall
clearly state the locality in which the new sewer is required, and
the points between which the petitioners are desirous of having the
same
constructed.
2. When the Municipal Council deems it necessary that a municipal
sewer
be constructed in any area or any portion of the Municipality, the
Council
may order by resolution and without the authorization of any petition
of
the owners such sewer to be constructed and all the provisions
of the By-laws
relating to and regulating the use of municipal sewers in force in the
Municipality be and are hereby made applicable to any sewer
constructed
by virtue of such resolution.
3. The Municipal Council may by resolution order the repair or
improvement
of drains or sewers existing in any road, area, or portion of the
Municipality,
whenever the same shall be considered necessary or desirable, and to
lay
out, excavate and complete a sewer in any area of the
Municipality and
perform any other work necessary to be done in connection therewith.
PART 3 - THE REQUIRED USE OF PUBLIC SEWERS
5. It shall be unlawful for any person to place, deposit, or
permit
to be deposited in any unsanitary manner on public or private property
within the
Municipality, or in any area under the jurisdiction of the said
Municipality, any human or animal excrement, garbage, or other
objectionable
waste.
6. It shall be unlawful to discharge to any natural outlet within
the
Municipality, or in any area under the jurisdiction of the said
Municipality,
any
sewage or other polluted waters, except where suitable treatment has
been provided in accordance with subsequent provisions of this By-law.
7. Except as hereinafter provided in Part Four, it shall be unlawful
to construct or maintain any privy, privy vault, septic tank, cesspool,
or other
facility intended or used for the disposal of sewage.
9. Where a municipal or combined sewer is not available under the
provision
of Part Five, the building sewer shall be connected to an on-site sewage
disposal system complying with the following provisions.
10. Before commencing construction of an on-site sewage disposal system, the owner shall first obtain approval from the Department of Environment and Labour.
11. All installations of on-site sewage disposal systems shall be installed in accordance with the On-Site Sewage Disposal Systems Regulations and other requirements of the Department of Environment and Labour.
12. The owner shall operate and maintain the on-site sewage disposal system in a sanitary manner at all times, at no expense to the Municipality.
13. At such time as a municipal sewer becomes available to property
served by an on-site sewage disposal system as provided in Part Two of
this by-law,
unless the Municipal Council otherwise orders, the building
sewer shall be connected directly with the municipal sewer, in
compliance
with this by-law, within
Thirty (30) days of notice by the Municipality,
and septic tanks, cesspools, and similar private sewer disposal
facilities
shall be cleaned of sludge and filled.
PART 5 - BUILDING SEWERS AND CONNECTIONS
15. No unauthorized person shall uncover, make any connections with
or opening into, use, alter, or disturb any municipal sewer thereof
without
first
obtaining a permit from the Inspector.
16. It shall be the duty of any person, firm or corporation
who
constructs any private sewer or drain while excavating, to securely
protect
the opening
or excavation in such manner as may be directed by the Inspector.
17. There shall be two classes of building sewer permits:
(a) for residential and commercial service; and
(b) for service to establishments producing industrial wastes.
In either case, the owner
or his agent shall make application on a form furnished
by
the Inspector, which form shall have the context as given in Appendix
“B”
or
Appendix “C” of this By-law, as is applicable. The permit
application
shall
be
supplemented by any plans, specifications, and other information as is
deemed
necessary by the Municipality.
18. All costs and expenses incidental to the installation and
connection
of the building sewer shall be borne by the owner.
The owner shall
indemnify the Municipality from any loss or damage that may directly or
indirectly be occasioned by the installation
of the building sewer.
19. A separate and independent building sewer shall be provided for
every building; except where one building stands at the rear of
another
on an internal lot and no private sewer is available or can be
constructed
to the rear building through an adjoining alley, court,
yard, or driveway.
The building sewer from the front building may be extended to the rear
building and the whole considered as one
building sewer.
20. Old building sewers may be used in connection with new buildings
only when they are found, on examination and tested by the Inspector
to
meet all the requirements of this By-law.
21. Size, slope, alignment, materials of construction of the
building
sewer, and the methods to be used in excavating, placing of the pipe,
jointing,
testing, backfilling the trench, and connection to the municipal sewer
shall all conform to the requirements of the Municipality as set
out in
Part Eight of this By-law.
22. Whenever possible, the building sewer shall be brought to the
building
at an elevation below the basement floor. In all buildings in
which
the
building drain is too low to permit gravity flow to the public
sewer,
sanitary sewage carriage by such building drains shall be lifted by an
approved
means and discharged to the building sewer.
23. The person who originally made application for the building
sewer
permit shall notify the Inspector when the building sewer is ready for
inspection
and connection to the public sewer. The entire works shall
be performed under the supervision of an Inspector.
24. All excavations for the building sewer installation shall be
adequately
guarded with barricades and lights so as to protect the public from
hazard.
Streets, sidewalks, walkways and other public property disturbed in the
course of the work shall be restored and such restorations are to be
satisfactory
to the Inspector.
PART 6 - USE OF THE PUBLIC SEWERS
25. No person shall discharge or cause to be discharged any storm
water,
surface water, groundwater, roof runoff, subsurface drainage,
unpolluted
cooling water, or unpolluted industrial process waters to any sanitary
sewer.
26. No person, firm, or corporation shall permit any pipe carrying sewage or surface water to discharge into any sewer trench.
27. No person, firm or corporation shall injure, break, or remove any portion of the municipal sewer.
28. No person, firm or corporation shall throw, or permit to be
thrown
or deposited in any sewer opening or receptacle connected with the
municipal
sewer system any garbage, offal, dead animals, bones, ashes, cinders,
rags,
or any other material or thing excepting feces, urine and
necessary toilet
paper, household liquids.
29. No persons shall discharge or cause to be discharged any sanitary sewage to any storm sewer.
30. Storm water and all other unpolluted drainage shall be
discharged
to such sewers as are specifically designated as combined sewers or
storm
sewers, or to a natural outlet approved by the Inspector.
Industrial
cooling water or unpolluted process waters may be discharged, on
approval
of the
Inspector, to a storm sewer, combined sewer, or natural outlet.
31. Sanitary sewage shall be discharged to such sewers as are
specifically
designated as sanitary sewers or combined sewers, except that no person
shall
discharge or cause to be discharged the following described substances,
materials, waters, or wastes.
31. (a) Sewage at a temperature in excess of Sixty degrees (60) Celsius;
31. (b) Sewage containing any inflammable or explosive matter, and
without
limiting the generality of the foregoing, gasoline, benzene, naphtha,
fuel
oil,
acetone, or other solvents;
transmission to a sewage treatment plant;
31. (e) Sewage that may cause a nuisance, and without limiting the
generality
of the foregoing, sewage containing hydrogen sulphide, carbon
disulphide,
ammonia, trichlorethylene, sulphur dioxide, formaldehyde, chlorine,
bromine,
or pyridine, in such quantity that an offensive odour could emanate
from
the
sewage works or could cause a nuisance;
31. (f) Sewage containing animal wastes and without limiting the
generality
of the foregoing, containing intestines, stomach casings, intestinal
contents,
hides,
hooves, toenails, horns, bones, or poultry heads or sewage containing
hair, wool, fur, feathers, paunch manure, or fleshlings;
31. (g) Sewage containing toxic or chemical pollutants in greater concentrations than is permitted by any authority having jurisdiction over the receiving waters.
31. (h) Sewage which exerts or causes:
31. (h) (i) Unusual concentrations of inert suspended solids (such
as,
but not limited to, Fuller’s earth, lime slurres, and lime residues) or
of dissolved
solids (such as, but not limited to, sodium chloride and sodium
sulphate).
31. (h) (ii) Excessive discolouration (such as, but not limited to, dye wastes and vegetable tanning solutions).
31. (h) (iii) Unusual BOD, chemical oxygen demand, or chlorine
requirements
in such quantities as to constitute a significant load on the sewage
treatment
works.
31. (h) (iv) Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein.
31. (i) The contents of septic tanks.
31. (j) Radioactive materials except as may be permitted under the
Atomic
Energy Control Act, R.S.C. 1952, Chapter II and amendments thereto and
regulations
thereunder.
31. (k) Storm runoff, sewage derived from the drainage of lands or
roofs,
water used for cooling purposes or any other unpolluted waste waters.
31. (l) Without limiting any of the foregoing, no person shall
discharge
or cause to be discharged any waters or wastes containing substances
which
are not amenable to treatment or reduction of the sewage treatment
processes
employed, or are amenable to treatment only to such degree that the
sewage
treatment plant effluent cannot meet the requirements of other agencies
having jurisdiction over discharge to the receiving waters.
32. If any water or wastes are discharged, or are proposed to be
discharged
to the municipal sewers, which waters contain in substance or possess
the
characteristics enumerated in Section 31 of this By-law, the
Municipality
may do any or all of the following:
32. (a) Reject the wastes;
32. (b) Require pretreatment to an acceptable condition for discharge to the municipal sewers;
32. (c) Require control over the quantities and rates of discharge;
32. (d) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewage charges.
33. If the Municipality requires the pretreatment or equalization of
waste flows, the design and installation of the plants and equipment
shall
be subject to the review and approval of the Municipality and subject
to
the requirements of all applicable codes, ordinances and laws.
34. Grease, oil and sand interceptors shall be provided when, in the
opinion of the Municipality, they are necessary to handling of liquid
wastes
containing grease in excessive amounts, or any inflammable wastes,
sand,
or other harmful ingredients; except that such interceptors
shall not be
required for private living quarters or dwelling units. All
interceptors
shall be of a type and capacity approved by the Municipality,
and shall
be located as to be readily and easily accessible for cleaning and
inspection.
37. No statement contained in this Part shall be construed as
preventing
any special agreement or arrangement between the Municipality and
any industrial
concern or institution whereby an industrial or institutional waste of
unusual strength or character may be accepted by the Municipality
for treatment,
subject to payment therefore by the industrial concern.
BY-LAW NO. 21
PART 8 - APPLICATION TO CONNECT
44. Any person requesting a permit, after the original sewer line
has
been installed, for connecting a building service connection
with the municipal
sewer shall pay a fee of One Hundred Dollars ($100.00).
44. (i) The Connection Fee shall be waived where the building sewer
connection is being made to an exiting sewer lateral installed
by the Municipality
and approved by the Inspector.
44. (ii) The connection of a sanitary sewer system constructed by a
developer shall be subject to a connection fee of $100.00 since
all connectors
and laterals have been installed as per requirements of the Subdivision
By-Law. See Part 10 and Part 15 of the Subdivision
By-Law for more
information.
45. (i) The construction and
installation
of any building service connection shall
be
conducted subject to the inspection and review by the Inspector and
the
specifications for labour and materials under which the municipal sewer
was
constructed are to be considered as part of the specifications for any
such
building service connection, modified, however, so as to be applicable
to
the
building or buildings situate on the property to be served by such
building
service
connection.
45. (ii) The latest adopted
edition
of the “National Building Code” as issued by
the
National Research Council of Canada, is hereby adopted as part of this
by-law.
46. All sewers and drains shall be constructed in accordance with
the
provisions of the Public Highways Act, Revised Statutes of
Nova Scotia,
1967, Chapter 248, and amendments and regulations thereto, and shall
cause
as little obstruction as possible for
pedestrians and vehicular traffic
during installation.
47. (i) Whenever any building
sewer
connection is abandoned, the owner
shall
effectively block up the connection at the property line so as to
prevent
sewage
from backing up into the soil, or dirt being washed into the sewer.
47. (ii) Where the owner does
not
effectively block up a building sewer connection
as
required under the provisions of Subsection (1) within Thirty
(30) days
from
receipt of a notice from the Inspector, requiring him to do so,
the
Municipal
Council may cause the same to be done and the cost of such work caused
to
be
done by the Municipal Council may be recovered as a debt by the
Municipality
from the owner in an action in any court of competent
jurisdiction.
48. The Clerk shall keep a separate account of all monies due for the construction of sewers, which account shall contain:
48 (a) The names of the owners of property liable for a sewer
service
charge, and the name of the sewer with respect
to which such sewer service
charge arose;
48. (b) The amount of sewer service charge due with respect to each property;
48. (c) The amount of sewer service charge paid with respect to each property.
49. (i) Where under any provision of this by-law approval or
permission
of the
Inspector
is required before any work or things may be done, an appeal
shall lie
to
the
Public Works Committee of the Municipality from the decision of
the
Inspector
refusing to grant approval or permission, and the Public Works
Committee
of
the
Municipality shall either direct the Inspector to grant the
approval or
permission,
or uphold the decision of the Inspector.
49. (ii) The right of appeal provided in Sub-section (1) shall
expire
Thirty (30) days
after
the Inspector gives his decision in writing to the owner with respect
to
the
approval or permission.
49. (iii) A further appeal shall lie to the Municipal Council from
the
decision of the
Public
Works Committee of the Municipality, refusing to grant approval
or permission.
PART 9 - POWERS AND AUTHORITY OF INSPECTORS
<>50. Inspectors of the Municipality shall be permitted to enter all properties for the purposes of inspection,PART 10 - PENALTIES
<>51. Any person found to be violating any provision of this By-law shall be subject to prosecution, and upon conviction shallAPPENDIX “A”
Petition
To Municipal Council
of the
MUNICIPALITY OF THE DISTRICT OF BARRINGTON
THE UNDERSIGNED, being persons owning real property fronting on the
public road or the portion or the public road in the
District of Barrington
as hereinafter described do hereby petition the Municipal Council of
the
District of Barrington to construct a
sewer within the said area.
ALSO the description of the public road or portion of the public
road
upon which the sewer is requested to be constructed is as follows:
BY-LAW NO. 21
APPENDIX “B”
RESIDENTIAL OR COMMERCIAL
PUBLIC SEWER APPLICATION
To the Municipality of Barrington:
Names of the Property Owners
The undersigned, being the
(Owner, Owner’s agent)
of the property located at
(residence, commercial building, etc.)
does hereby request a permit to install and connect a building sewer
to serve the
at said location.
1. The following indicated fixtures will be connected to the proposed building sewer:
Number Fixture Number Fixture
Kitchen sinks Water
closets
Lavatories Bath tubs
Laundry tubs Showers
Urinals
Specify other fixtures .................................................................................................
2. The maximum number of persons who will use the above fixture is
3. The name and address of the person or firm who will perform the proposed work is
4. Plans and specifications for the proposed building sewer are
attached
hereunto as
Exhibit “A”.
In consideration of the granting of this permit, the undersigned agrees:
1. To accept and abide by all provisions of the Municipal
Sewers
By-law of the Municipality of the District of Barrington, and of all
other
pertinent By-laws or regulations that may be adopted in the future.
2. To maintain the building sewer at no expense to the Municipality.
21-19
3. To notify the Municipality when the building sewer is ready for
inspection and
connection to the municipal sewer, but before any portion of
the work is covered.
Date: ............................................ Signed ......................................................................
(applicant) ................................................................
(address of applicant) ..............................................
..................................................................................
Application approved and permit issued:
Date: ............................................... Signed ......................................................................
<> (Superintendent) ......................................................APPENDIX “C”
INDUSTRIAL SEWER CONNECTION APPLICATION
To the Municipality of Barrington ...................................................................................................
The undersigned being the
....................................................................................................
(Owner, Leasee, Tenant, etc.)
of the property located at
.................................................................................................................
does hereby request a permit to
.........................................................................................................
(Install, use)
an industrial sewer connection serving the
......................................................................................
(Name of Company)
which company is engaged in
...........................................................................................................
.................................................................................................................................
at said location.
1. A plan of the property showing accurately all sewers and drains now existing is attached hereto as Exhibit “A”.
2. Plans and specifications covering any work proposed to be performed under this permit is attached hereunto as Exhibit “B”.
3. A complete schedule of all process waters and industrial wastes
produced
or expected to be produced at said property, including
a description of
the character of each waste, the daily volume and maximum rates of
discharge
and representative analysis, is attached hereunto as Exhibit “C”.
4. The name and address of the person or firm who will perform the work covered by this permit is
In consideration of the granting of this permit, the undersigned agrees:
1. To furnish any additional information relating to the
installation
or use of the industrial sewer for which this permit is sought as may
be
requested by
the Municipality.
2. To accept and abide by all provisions of the Municipal Sewers
By-law
of the Municipality of the District of Barrington, and all other
pertinent
By-laws or
Regulations that may be adopted in the future.
21-21 3. To operate and maintain any waste pretreatment facilities,
as may be required as a condition of the acceptance into the municipal
sewer of the
industrial wastes involved, in an efficient manner at all
times, and at no expense to the Municipality.
4. To cooperate at all times with the Municipality and its
representatives
in their inspecting, sampling and study of the industrial wastes and
any
facilities
provided for pre-treatment.
5. To notify the Municipality immediately in the event of any
accident,
negligence, or other occurrence that occasions discharge to the
municipal
sewers of
any wastes or process waters not covered by this permit.
Date: ..................................................... Signed:
......................................................................
(applicant)
(address of applicant) ........................................................................................................................
...........................................................................................................................................................
Date: .................................................... Signed:
......................................................................
(Inspector)
BY-LAW NO. 21
SCHEDULE “A”
SCHEDULE OF SEWER SERVICE CHARGES,
SANITARY SEWAGE SYSTEM
MUNICIPALITY OF THE DISTRICT OF BARRINGTON
TYPE OF CONSUMER UNIT VALUE
Single Detached Dwelling
1.0
Mobile Home 1.0
for private swimming pool
add
1.0
for each Doctor or Dentist office in private home
add
1.0
for each beauty shop or barber shop in private home
add
0.75
Individual apartment
1.0
Senior Citizens Home, per unit
0.6
Rooming house, Boarding house, Convent, Dormitory
up to five beds
1.0
each additional
bed
0.2
Hospitals and homes with medical care facilities
without laundry facilities per
bed
0.5
with laundry facilities per
bed
0.75
Schools per classroom without cafeteria or gym
per classroom
1.0
with cafeteria or gym per
classroom
1.5
with both cafeteria and gym per
classroom
2.0
Doctor, Dentist Office, Beauty Shop
1.0
Tourist home with one bathroom
1.2
for each additional bathroom
0.3
Hotels, Motels and Tourist Cottages
with housekeeping facilities; each room or
unit
0.5
without housekeeping facilities; each room or
unit
0.3
Restaurants, etc. are additional to above listings and are rated
in
accordance with this schedule
Tourist Trailer Park
with hook-up facilities, per unit
space
0.75
without hook-up facilities, per unit
space
0.3
Stores, banks, clubs, recreational facilities,
barber shops and places of business including industrial
premises,
first washroom
facility
1.0
each additional washroom
facility
0.5
Cafeterias etc. are in addition to above listing and are rated
in accordance
with this schedule
21-23
*Churches, church halls, each washroom
facility
0.3
Buildings owned by fraternal
organizations
0.3
Fire halls and fire stations with
facilities
0.5
Fire halls and fire stations without
facilities
0.3
Laundromat 1.0
for each machine
0.5
Service Stations 2.0
for each car wash bay
1.5
Car Washes
for each
bay
1.5
with washroom
facilities
1.0
Restaurants, Snack Bars and Cafeterias
1.0
for each 10 seats add
0.25
Premises licensed by the Nova Scotia Liquor Commission
Restaurant, lounge, dining room or
club
1.0
for each 5 seats
add
0.25
Drive-in Restaurant or Theatre with
canteen
1.0
for first washroom facility
add
1.0
for each additional washroom facility
add
0.5
Vacant land
for each lot with up to 300’ of street or highway
frontage
0.3
for each additional 50’, or portion thereof, of street or
highway
frontage 0.1
Street or highway frontage of a lot in excess of 300’
for each of the within types of users for every 50’ or portion
thereof, of
street or highway frontage in excess of
300’
0.1
Any dwelling house, shop, store, office, or other building the nearest
part
of which is more than 100 feet from any portion of the public
sanitary
sewer and which is not connected to the public
sewer
0.4
Grouped dwellings, apartments or mobile homes
located on the same lot:
For each of the first 3 units
1.0
for each additional dwelling, apartment or mobile
home
0.75
Mini Home Park
for first 3 mini homes, per
unit
1.0
for each additional mini home thereafter, per
unit
0.75
Adult Residential Institutions
Up to five
beds
1.0
For each additional
bed
0.2
Amended September 27, 2004
1. This By-law shall be known as the Elections Deposit By-law.
2. Every nomination paper filed by or on behalf of a candidate in
any
election held under the Municipal Elections Act shall be accompanied
by
a deposit of One Hundred ($100.00) Dollars.
A BY-LAW TO
PROVIDE FOR IDENTIFICATION
PRESERVATION AND PROTECTION AND REGISTRATION
OF HERITAGE PROPERTY
1. This By-law shall be known as the Heritage By-law of the Municipality of the District of Barrington.
2. In this By-law:
2. (a) “Council” means the Municipal Council of the District of Barrington;
2. (b) “Clerk” shall mean the Municipal Clerk of the Municipality of the District of Barrington;
2. (c) “Act” shall mean the Heritage Property Act of the Province of Nova Scotia;
2. (d) “Committee” shall mean that a Heritage Advisory Committee be established pursuant to the Heritage Property Act;
3. (a) The Planning Advisory Committee of the Municipality shall be the Heritage Advisory Committee of the Municipality;
3. (b) The Committee shall have the powers and duties of a Heritage Advisory Committee pursuant to the Act;
3. (c) The Committee shall be governed, where not inconsistent with
the Act or
this
By-law, by the general rules of procedure applicable to Committees of
the
Municipality of the District of Barrington.
4. The Clerk shall establish and maintain at the business office of the Municipality, a registry of heritage property. The registry shall:
4. (a) be properly indexed;
4. (b) contain data with respect to recommendation, registration, if
applicable, recording particulars of documents required to be
lodged at
the Registry of Deeds for the District of Barrington and true copies of
all notices required by the Act;
4. (c) contain particulars of heritage property under recommendation or registered so as to adequately identify the property;
23-1 4. (d) be accessible to the public at no charge during regular municipal business hours at the office of the Municipal Clerk.
<>5. The Clerk in addition to the duties outlined in Section 4, shall ensure compliance with notice requirements respecting recommendation
1. This By-law shall be known as “Brass Hill Subdivision Street Improvement By-law”.
2. In this By-law unless the context otherwise indicates:
2. (a) “Brass Hill” means the Brass Hill Subdivision in the
Municipality
of the District of Barrington, and includes the street therein known as
Island View Drive.
2. (b) “Cost” means the amount of money paid or payable in respect of the street improvement to Island View Drive.
2. (c) “Improvement” includes upgrading, construction and paving.
2. (d) “Owner” includes part owner, joint owner, tenant-in-common,
or
joint tenant of the whole or a part of any real property fronting on a
street or situate in a subdivision, and also includes any
trustees, executor,
guardian, agent, or other person having the care or control of such
real
property in the case of absence or disability of the person having
title
thereto.
2. (e) “Special Tax” means a tax in respect of the street improvement based on a per lot basis.
2. (f) “Street” means Island View Drive of Brass Hill Subdivision situate in the Municipality of the District of Barrington.
3. Where three-quarters of the owners of land fronting on Island
View
Drive petition the Municipality for an improvement to the street, the
Municipality
may make such improvement and shall be entitled to recover all the cost
of such improvement by levying a special tax upon the
owners of real property
fronting on said street, and such tax be recoverable from each owner on
a per lot basis.
4. The total amount of the special tax levied by the Municipality under this By-law shall not exceed the cost of the street improvements.
5. The special tax levied under this By-law is a lien on the whole
of
the property of each owner of real property fronting on said street
with
the
same effect as rates and taxes under the Assessment Act, and each owner
shall be liable for a portion of the total cost of the street
improvement
equal to the proportion that his lot bears to the number of lots
fronting
on Island View Drive.
24-1
6. The special tax levied under this By-law is collectable in the
same
manner as rates and taxes under the Assessment Act, and by the same
procedure
as
are rates and taxes under the Assessment Act.
7. The lien provided for in this By-law shall become effective on
the
date on which the person appointed by the Municipal Council or the
Chairman
of the
Public Works Committee, as the case may be, files with the Clerk
of the Municipality a certificate stating the total cost of the street
improvement and the
amount of the special tax to be levied on each owner.
8. The Clerk of the Municipality shall keep a separate account of
all
monies due for the improvements under the terms of this By-law, and the
account shall
contain the names of the owners of property liable for the
special tax and the amount of the special tax levied against each
owner.
9. The Clerk of the Municipality shall notify the owner of each property upon the filing of the certificate referred to, and such notice shall state:
9. (a) The basis of the special tax;
9. (b) The tax payable by the owner in respect of the special tax.
10. (1) The amount payable in respect of the special tax by each
owner
of real property may be paid in one lump sum, or shall be paid in equal
annual
installments, together with interest, over a period of five (5)
years.
10. (2) The first installment
and
each succeeding installment in respect of the
tax
imposed by this By-law shall be due on the 30th day of June, of
each year,
and
in
the event of default of payment of any installment, the whole balance
with
interest
ecomes due and payable.
10.
(3)
The tax imposed by this By-law shall bear interest at the rate of 15%
on
any
outstanding balance owing, but not due, and at the rate of 20%
per annum
on
any
installment that is due and owing.
BEING A BY-LAW to establish a Wastewater Management District within
the community of Wood’s Harbour and to regulate the use and
maintenance
of a wastewater management system, the discharge of sanitary sewage
into
a public sanitary sewage system, and as well upgrading
private septic systems
in the Wastewater Management District, and providing penalties for
violation
thereof.
Part 1 - DEFINITIONS
1. Unless the context specifically states otherwise, the meaning of terms used in this By-law shall be as follows:
(ai) “Building Sewer” shall mean a sewer which is located on private property and which connects the building sanitary conveniences to the sanitary sewer.
1. (a) “Garbage” shall mean solid wastes from the domestic and
commercial
preparation, cooking and dispensing of food, and from the handling,
storage
and sale of produce.
1. (b) “Individual Sewage Pump” shall mean a pump which operates to
propel any sanitary sewage originating from an individual building into
the
sewer system.
1. (c) “Inspector” shall mean any sanitary inspector, public health
inspector, supervisor of public works, or any person who is authorized
by the
Municipality of the District of Barrington to carry out
inspections
or investigations on behalf of the Municipality of the District of
Barrington
as
may be required under this By-law.
1. (d) “Municipal Council” shall mean the Council of the Municipality of the District of Barrington.
1. (e) “Municipal Sewer” shall mean a sewer controlled by the Municipality.
1. (f) “Municipality” shall mean the duly elected officials of the Municipality of the District of Barrington acting in Council.
<>1. (g) “Natural Outlet” shall mean any outlet into a ravine, gulch, watercourse or the bed thereof, whether the same usually contains water or not,1. (i) “Sanitary Building Sewer” means a building sewer that conducts sewage.
1. (j) “Storm Building Sewer” means a building sewer that conveys storm water.
1. (k) “Sanitary Sewage” shall mean water-carried wastes from the
sanitary
conveniences of residences, commercial buildings, or premises,
institutions,
and industrial establishment.
1. (l) “Sanitary Sewer” shall mean a sewer which carries sanitary
sewage,
as defined hereinafter, and to which storm, surface, and groundwater
are
not intentionally admitted.
1. (m) “Sewer” and “Sewage Works” shall mean all sewers, sewer
systems,
sewage pumping stations, sewage treatment plants, on-site disposal
systems,
and other works for the collection, acceptance, transmission,
treatment,
and disposal of sewage.
1. (n) “Storm Water” shall mean ground, surface, and storm waters which are unpolluted other than by their contact with the natural environment.
1. (o) “Storm Sewer” shall mean a sewer which carries storm and
surface
waters, industrial cooling water, or unpolluted process waters, but
excludes
sanitary sewage.
2. The boundaries of the Wastewater Management District in the
Municipality
of the District of Barrington subject to this By-law are fully described
in Appendix “A” attached to the By-law and illustrated in a plan
contained
in Appendix “A” attached to this By-law.
3. The wastewater management system shall consist of a central
collection
and treatment system to which building sewers shall be connected.
Sewage
shall be conveyed to the collection and treatment facilities by
gravity and the use of pumps. No new private on-site sewage
disposal
system shall be
permitted in the Wastewater Management District.
The wastewater management system includes the upgrading and maintenance
of on-site sewage
disposal systems for buildings in existence prior to
May 15, 1991, where the central collection and treatment system is not
available to serve the building.
4. The management, operation and control of the Wastewater
Management
District as defined in paragraph 3 of this part is vested in the
Municipal
Council
of the Municipality of Barrington. All records, minutes and
all written proceedings thereof shall be kept by the Clerk-Treasurer of
the Municipality.
5. The Municipal Council shall have the power to construct
additional
sewer lines or sewer systems within the defined Wastewater Management
District,
and
to do all such other work as may be found necessary or convenient
in
the management of the district.
6. The Municipal Council may by resolution order the repair or
improvement
of all sewer lines in the defined area whenever the same shall be
considered
necessary and desirable.
7. The Supervisor of Public Works of the Municipality shall make an
annual report to the Municipal Council concerning the operation and
maintenance
of the wastewater management systems in the Wastewater Management
District.
BY-LAW NO. 27
8. The owner of any dwelling house, shop, store, office, service
station,
garage, fish processing plants, or any other building within the
Wastewater
Management District, as defined herein, is hereby required at his or
her
expense to connect any facilities discharging sanitary sewage to the
sewer
system established by the By-law within sixty (60) days after official
notice to do so. Upon failure to do so, the Municipality may
cause
such connection to
be made and bill the property owner for the cost of
same.
9. When installing a sanitary sewer connecting buildings which were
in existence before May 15, 1991, to the wastewater management system
the
Municipality
will bring the sanitary sewer to the property boundary of
a point within 70 feet of the foundation wall of the building to be
connected.
For any new buildings
constructed after May 15, 1991, within the Wastewater
Management District the Municipality shall bring the sanitary sewer to
the highway right-of-way or to the
boundary of a sewer easement and it
shall be the responsibility of the owner of the real property on which
the building is situate to connect the building to the sanitary
sewer in
accordance with Part 3, Section 8, herein.
10. Where a public sewerage system is not available within the
Wastewater
Management District, to serve a building which was in existence before
May 15, 1991, the
building sewer shall be connected to a private on-site
sewage disposal system which will be upgraded to the Department of
Environment
and Labour requirements at the
cost of the Municipality, provided that
the cost of laying pipe from the foundation of the building to the
septic
tank shall be the responsibility of the property owner on
which the building
shall be situate. The Municipality shall maintain the on-site
system
including having the tank pumped out from time to time, as deemed
necessary
by the Supervisor of Public Works, for proper maintenance.
13. No person shall make any connections to either the municipal or
private system or alter or disturb in any way parts thereof without
first
obtaining written permission
from the Municipal Supervisor of Public Works.
BY-LAW NO. 27
14. No person shall discharge or cause to be discharged any storm
water,
surface water, groundwater, roof runoff, sub-surface drainage,
cooling
water or industrial process waters to any sanitary sewer.
15. No person, firm or corporation shall permit any pipe carrying sewage or surface water to discharge into any sewer trench.
16. No person, firm or corporation shall injure, break or remove any portion of the municipal sewer system.
17. No person, firm or corporation shall throw or permit to be
thrown
or deposited in any sewer opening or receptacle connected with the
sewer
system any garbage, offal, dead animals, bones, ashes, cinders, rags or
any other material or thing excepting feces, urine, necessary
toilet paper
and household liquids.
18. No person shall discharge or cause to be discharged into the sewer system the following described substances, materials, waters, or wastes:
(a) Sewage at a temperature in excess of Sixty Degrees (60) Celcius;
(b) Sewage containing any flammable or explosive matter, and
without
limiting the generality of the foregoing, gasoline, benzene, naphtha,
fuel
oil,
acetone or other solvents;
(c) Any quantity of matter capable of obstructing the flow in or interfering with the proper operation of any part of the sewage works.
(d) Sewage that may cause a nuisance, and without limiting the
generality of the foregoing, sewage containing hydrogen sulphide,
carbon
disulphide,
ammonia, trichlorethylene, sulphure dioxide, formaldehyde,
chlorine, bromine, or pyridene, in such quantity that an offensive
odour
could emanate from the
sewage works or could cause a nuisance;
(e) Sewage containing animal wastes and without limiting the
generality
of the foregoing, containing intestines, stomach casings, intestinal
contents,
hides,
hooves, toenails, horns, bones or poultry heads or sewage
containing
hair, wood, fur, feathers, paunch manure or fleshlings.
(f) Sewage containing toxic or chemical pollutants in greater
concentrations
that is permitted by any authority having jurisdiction over the
receiving
waters.
20. Every owner of land which is serviced by the
municipal sewer system or by an individual on-site sewage system within
the wastewater
management district, shall pay to the Municipality an annual charge,
known as the Sewer Service Charge, for both the construction and
maintenance
of sewage works and the operation of any sewage treatment facilities in
the amount of Three Hundred Dollars ($300.00) for each unit value set
out in
Appendix “B” attached to this By-law.
21. The Sewer Service Charge shall be due and payable
on the date for payment of general rates and taxes each year.
22. All sewer service charges unpaid shall bear
interest on the same effective date and at the same rate of interest as
general rates and taxes established
by the Municipal Council annually by resolution.
23. Every sewer service charge imposed under the
provision of this By-law shall constitute a lien on the real property
as provided for rates and taxes
under the Assessment Act of the Province of Nova Scotia and shall be
collectible in the same manner as rates and taxes on real property are
collected
under the Assessment Act.
BY-LAW NO. 27
24. After the original wastewater management system has been
installed
and the on-site sewage disposal systems have been upgraded, no
person shall
enter the system without first obtaining a permit from the inspector or
such other municipal official as is designated from time to time.
25. Every person when applying for a permit, for connecting to the
system,
after the original wastewater management system has been installed,
shall
complete an application form as shown in Appendix “C” attached to this
By-law.
26. The construction and installation of such service connections
shall
be conducted subject to an inspection and review by the Inspector, and
shall
be installed in accordance with good engineering practices and in
accordance with the Canadian Plumbing Code.
27. Every person connecting to the wastewater management system
after
the original wastewater management system has been installed shall pay
a fee
of One Hundred Dollars ($100.00) to the Municipality of the District
of Barrington towards the cost of installation which shall be due and
payable
at the
time of applying for the permit.
27. (a) The Connection Fee shall be waived where the building sewer
connection is being made to an existing sewer lateral, installed by the
Municipality
and approved by the Inspector.
(b) The connection of a sanitary sewer system constructed by a
developer shall be subject to a connection fee of $100.00 since all
connectors
and
laterals have been installed as per requirements of the Subdivision
By-Law. See Part 10 and Part 15 of the Subdivision By-Law for
more
information.
28. The Inspector of the Municipality shall be permitted at all
reasonable
times of the day to enter all properties within the wastewater
management
district for the purpose of inspection and testing in accordance
with this
By-law.
BY-LAW NO. 27
<>29. (1) Any person found to be violating any provisions of this By-law shall be subject to prosecution and upon conviction shall for each offence
Appendix B - Unit value to calculate annual sewer service charge.
<>Appendix C - Application form.APPENDIX “A”
DESCRIPTION OF WASTEWATER MANAGEMENT
DISTRICT
COMMENCING at a point where the northern boundary of the original
Township
of Barrington intersects the seashore at a point commonly
known as the
boundary between the community of Wood’s Harbour and Shag Harbour;
THENCE in a generally northerly direction following the various courses of the seashore to the northern boundary of property of Arthur James Belliveau;
THENCE in an easterly direction following the northern boundary of the Arthur James Belliveau property to the boundary of highway number three;
THENCE following the boundary of highway number three in a southerly
direction a distance of fifty (50) feet more or less or until it comes
to a point
being directly opposite the northern boundary of property of
Dorothy Stoddard which is located on the opposite side of the highway;
THENCE in a easterly direction crossing number three highway and
following
the northern boundary of property of Dorothy Stoddard and continuing
along
the boundary of property of Gary R. Stoddard until it intersects the
boundary
of the former C.N.R. right-of-way now owned by the Department of
Lands
and Forests;
THENCE in a southerly direction following the western boundary of
the
former C.N.R. right-of-way to a point where it intersects the old
Township
of Barrington boundary line;
THENCE in a southwesterly direction following the old Township
boundary
to the seashore and the place beginning.
BY-LAW NO. 27
APPENDIX “B”
SCHEDULE OF SEWER SERVICE CHARGES
WASTEWATER MANAGEMENT DISTRICT
TYPE OF CONSUMER
<>Single Detached Dwelling 1.0Amended September 27, 2004
BY-LAW NO. 27
APPENDIX “C”
APPLICATION TO CONNECT
To the Municipality of Barrington:
Names of the Property Owners
The undersigned, being the
(Owner, Owner’s agent)
of the property located at
(residence, commercial building, etc.)
does hereby request a permit to install and connect a building sewer
to serve the
at said location.
1. The following indicated fixtures will be connected to the proposed building sewer:
Number Fixture Number Fixture
Kitchen Sinks Water Closets
Lavatories Bath Tubs
Laundry Tubs Showers
Urinals
Specify other fixtures......................................................................................................................
2. The maximum number of persons who will use the above fixture is
3. The name and address of the person or firm who will perform the
proposed
work
is
4. Plans and specifications for the proposed building sewer area are
attached hereunto as
Exhibit “A”.
In consideration of the granting of this permit, the undersigned agrees:
1. To accept and abide by all provisions of the Wastewater
Management
District By-law of the Municipality of the District of Barrington,
and
of all other pertinent By-laws or regulations that may be adopted in
the
future.
2. To maintain the building sewer at no expense to the Municipality.
27-14 3. To notify the Municipality when the building sewer is ready
for inspection and connection to the municipal sewer, but before
any portion
of the work is covered.
Date:................................................
Signed..............................................................................
(applicant)........................................................................
(address of
applicant).......................................................
..........................................................................................
Application approved an permit issued:
Date:................................................
Signed...............................................................................
(Municipal
Official)..........................................................
LIMIT OF LIABILITY
1. In this By-Law,
a) “sewerage” means the structures, devices, equipment and
appurtenances
intended for the collection, transportation, pumping and treatment
of sewage,
including storm water;
b) “water system” means the structures, devices, equipment and
appurtenances intended for the collection, transportation, pumping and
treatment
f water.
2. The Municipality of the District of Barrington and its officers and employees are not liable for damages caused, directly or indirectly, by
a) the operation, maintenance, repair, breaking or malfunction of sewerage or a water system; or
b) interference with the supply of water through a water system,
unless the damages are shown to be caused by the negligence
of
the Municipality
of the District of Barrington or its officers or employees.
3. The Municipality of the District of Barrington and its officers
and
employees are not liable for any damages caused by the discharge of any
sewage
or water into any premises from a public sewer unless such discharge
was caused by the improper construction of the sewer or by neglect in
the
maintenance of it.
4. The Municipality of the District of Barrington and its officers
and
employees are not liable for any damages caused by the discharge of any
sewage
or water into any premises from a public sewer in any case in
which
the By-Laws of the Municipality of the District of Barrington or the
Municipal
Reform (1994) Act have not been complied with by any owner or previous
owner of the property.
5. By this By-Law, the Municipality of the District of Barrington
has
determined that Section 154 of the Municipal Reform (1994) Act applies
to the
Municipality of the District of Barrington and its officers and
employees.
1. This By-law shall be known as “Cat Rock Drive Street Improvement By-law”.
2. In this By-law unless the context otherwise indicates:
a) “Cat Rock Drive” means the street serving the subdivision
created
in 1975 by Wentzell Ross, located in Clam Point within the Municipality
of the
District of Barrington.
b) “Cost” means the amount of money paid or payable in respect of the street improvement to Cat Rock Drive.
c) “Improvement” includes upgrading and construction.
d) “Owner” includes part owner, joint owner, tenant in common,
or joint tenant of the whole or a part of any real property fronting on
a street or situate
in the subdivision. It also included as trustee,
executor, guardian, agent, or other persons(s) having the care of
control
of such real property in the case of
absence or disability of the person(s)
having title thereto.
e) “Special Tax” means a charge levied in respect of the street improvement based on a per lot basis.
f) “Street” means Cat Rock Drive in the Wentzell Ross Subdivision located in Clam Point in the Municipality of the District of Barrington:
g) “Lot” means a single lot or two (2) or more lots under one
ownership. If there are two (2) lots under one ownership each
containing
a dwelling, then
ach shall be considered a lot and be subject to the special
tax.
3. Where 75% of the owners of lots fronting on Cat Rock Drive
petition
the Municipality for an improvement to the street, the Municipality may
make such
improvement and shall be entitled to recover all the cost of
such improvement by levying a special charge upon the owners of real
property
fronting on said
street and such tax be recoverable from each owner on
a per lot basis.
30-1 4. As a condition of carrying out the improvements to the
street,
the owner of subdivision street must agree to convey to the
Municipality
of the District of
Barrington the fifty (50) foot right-of-way over which
the existing street crosses. The conveyance shall be in the sum
of
One Dollar ($1.00) and such other valuable
considerations. All costs
associated with surveying the right -of-way and legal requirement shall
form part of the costs of the street improvement. No work shall
be
undertaken on improvements until such time as the ownership of the
right-of-way
is in the name of the Municipality.
5. The total amount of the special charge levied by the Municipality
under this By-law, shall not exceed the cost of the street
improvements,
surveying, legal fees
and related expenses.
6. The special charge levied under this By-law is a lien on the
whole
of the property of each owner of real property fronting on said street
with the same effect as
rates and taxes under the Assessment Act, and each
owner shall be liable for the portion of the total cost of the street
improvement
equal to the proportion that his
lot(s) bears to the number of lots fronting
on Cat Rock Drive.
7. The special charge levied under this By-law is collectable in the
same manner as rates and taxes under the Assessment Act, and by the
same
procedure
as are rates and taxes under the Assessment Act.
8. The lien provided for in this By-law shall become effective on
the
date on which the person appointed by the Municipal Council or the
Chairman
of the
Public Works Committee, as the case may be , files with the Clerk
of the Municipality a certificate stating the total cost of the street
improvements and the
amount of the special charge to be levied on each
owner.
9. The Clerk of the Municipality shall keep a separate account of
all
monies due for the improvements under the terms of this By-law, and the
account shall
contain names of the owners of property liable for the special
charge and the amount of the special charged levied against each owner.
10. The Clerk of the Municipality shall notify the owner of each property upon the filing of the certificate referred to, and such notice shall state:
<> a) the basis of the special charge; and11. 1) The amount payable in respect of the special charge by each
owner
of real property may be paid in one lump sum, or shall be payable in
equal
annual installments, together with interest, over a period of ten (10)
years.
2) The first installment and each succeeding installment in
respect
of the charge imposed by this By-law shall be due on the first day of
September,
of each year, and in the event of default of payment of any
installment,
the whole balance with interest becomes due and payable.
TAXI BY-LAW
1. This by-law is entitled “Taxi By-law”.
Definitions
2. In this By-law:
(a) “Committee” means the Finance and Administration Committee of the Municipality of Barrington;
(b) “Taxi Company Owner” means any person or persons who
owns a Taxi company that is registered with the Registry of Joint Stock
Companies and has a permit to operate in the Municipality of
Barrington.
(c) “Owner” means a person who directly or indirectly
holds
a legal title of a vehicle or in the event a vehicle is subject of a
financing
agreement
(including a conditional sale or lease with an option or right
of purchase upon performance of conditions stated in the agreement)
with
an immediate
right of possession vested in a debtor, then the debtor shall
be deemed to be the owner for the purposes of this by-law.
(d) “Taxi and Taxicab” includes every motor vehicle used to
transport
passengers for hire regardless of size, capacity or type except a motor
vehicle
operating under Commissioners of Public Utilities. All taxies
must have four (4) doors.
(e) “Taxi Licence” means a licence granted by the Clerk of
Licences
of the Municipality permitting the owning of a taxicab to operate in
the
Municipality
of Barrington.
(f) “Driver” means any person who drives a taxicab.
(g) “Driver’s Licence” means a licence granted by the
Municipality
of Barrington permitting the holder thereof to operate as a driver of a
licenced taxicab
owned by himself or any other person or taxi company.
Prohibitions
3. No person shall:
(1) transport passengers for hire from any point within the Municipality of Barrington or;
(2) be on any street, road, lane, alley, taxi stand or any
other
public place of the Municipality, driving or in control of any motor
vehicle
seeking
employment as a taxicab; or
(3) permit any motor vehicle, owned or otherwise controlled
by
him, to be used as a taxicab or to be on any street, road, lane, alley,
taxi stand or
other public place under the control of any person who is
seeking employment with such motor vehicle as a taxicab; unless
he
is in possession of a taxi
licence issued in respect of such vehicle and
the person in charge of such taxicab is in possession of a driver’s
licence;
or
Taxi Licence Requirements
4. No taxi licence shall be granted unless:
(1) an application is made, in writing, to the Clerk of
Licences
upon a form prescribed by the Finance and Administration Committee
giving
a description
of the motor vehicle proposed to be licenced; and
(2) such application is accompanied by payment to the Clerk of Licences of the fee for such licence; and
(3) such application is accompanied by a certified copy of a motor vehicle safety inspection report, which is less 15 days from the date of issue; and
(4) the applicant deposits with the Clerk of Licences an
automobile
insurance policy certified by the insurer as covering the vehicle (s)
for
use as a taxi and
providing public liability insurance, passenger hazard
insurance and property damage insurance in an amount of not less than
$1,000,000.00,
without any
limit or any particular claim up to the herein mentioned amount,
regardless of the number of persons involved or the nature of the
damage;
and
(5) the applicant furnishes two (2) copies of a photograph of
the vehicle which shall be un-retouched and shall be one and one half
(1
½") inches square;
one copy of such photograph shall be filed in
the Office of the Clerk of Licences together with such information
concerning
such applicant as the Clerk of
Licences deems necessary; the other
copy shall be affixed to the licence granted to such applicant and
shall
be conspicuously displayed together with such
licence in any vehicle while
the same is being operated by the holder of such licence for the
purpose
of transporting, for hire, passengers in the same; and
Taxi Licence Renewal
5. A taxi licence may be renewed upon:
(1) presentation of the vehicle for which renewal is
sought
prior to expiry of the licence at the Office of the Clerk of Licences
by
appointment made at least two
(2) weeks in advance of expiry of the licence;
and
(2) payment of the annual licence fee prescribed in this by-law provided that all the requirements of this by-law for issuance of a taxi licence continue to be met.
Taxi Company Requirements
6. No licence shall be granted unless:
(1) the taxi company has a name that is registered with the
Registrar
of Joint Stock Companies.
Taxi Company Licence Renewal
7. (1) Renewed annually provided taxi company requirements are met.
Limitations on Licences and Transfer of Licences
8. A taxi licence shall be issued in respect of one particular
specified
vehicle and one particular specified owner only and additional licence
at additional fee
shall be required for each additional vehicle to be operated
by the same owner as the taxi cab. A driver’s licence shall be
issued
to one particular specific
person and may not be transferred to another.
Taxi Driver’s Licence
9. No driver’s licence shall be granted unless;
(1) An application for such licence is made in writing to the
Clerk of Licences on the form prescribed by the Committee; and
(2) the Clerk of Licences is satisfied that the applicant conforms to all the provisions and requirement of the by-law as they relate to taxi licences; and
(3) the Clerk of Licences is satisfied that the person
applying
for such licence has a valid and subsisting Class 4, issued by the
Registrar
of
Motor Vehicles for the Province of Nova Scotia; and
(4) the person applying for such licence provides for the Clerk of Licences two (2) character references; and
(5) the applicant furnishes two (2) copies of a photograph of
himself which shall be un-retouched and shall be one and one half (1
½")
inches
square; one copy of such photograph to be filed in the Office of
the Clerk of Licences, together with such information concerning such
applicant
as the Clerk of Licences deems necessary; the other copy shall be
affixed
to the licence granted to such application and shall be conspicuously
displayed
together with such licence in any vehicle while the same is being
operated
by the holder of such licence for the purpose of transporting for hire
passengers in the same.
10. (1) The Committee shall have general supervision over taxi
owners,
drivers and taxi licences under this by-law and the enforcement
of the
provisions of this by-law.
(2) The taxi owners and/or taxi drivers shall annually submit
and leave with the Clerk of Licenses a certified copy of their motor
vehicle’s
safety
inspection report.
11. The owner of any taxicab shall have:
(1) a business telephone listed in the telephone directory for the area in which his or her place of business is located; and
(2) such listing shall be under the business name which the owner operates; and
(3) such place of business may be provided by a taxi company under which the owner operates; and
(4) any change of place of business shall be reported immediately to the Clerk of Licences.
Maintenance of Taxicab
12. Any taxicab operated as such shall be clean, tidy and in good mechanical condition.
Driver’s Dress etc.
13. Every driver while operating a taxicab as such, whether transporting passengers or waiting or seeking employment as such, shall:
(1) be in a clean, tidy and respectable condition;
(2) shall cause the interior of his taxi to be lighted upon a passenger entering or leaving the same;
(3) shall not permit any additional passenger in his taxicab whether paying or gratuitous without the consent of the passenger who first engaged him.
“Taxi Sign”
<>14. Every licenced taxicab before commencing to transport passengers for hire and while transporting passengers for hire shall have15. Every licenced taxi driver and every licenced taxi owner, unless
engaged, shall whether at his stand or his residence, or his
place of business,
upon being applied to in person, or by telephone at any time between
the
hours of 7:00 a.m. and 10:00 p.m. and
upon being tendered his proper fare
place himself and his taxicab at the disposal of the person so applying
and proceed to any place
in the Municipality as directed. A licenced
taxi driver is under these obligations only during the hours that he is
employed as a taxi driver.
He shall not, however, be obligated to
transport passengers to any place outside the limits of the
Municipality
of the District of
Barrington, nor to transport property, either within
or outside the Municipality.
Punctuality
16. Every licenced taxi driver and every licenced taxi owner who
engages
to be at a particular place within the Municipality at a
specified time,
whether by day or by night shall be punctual, as possible, to the time
of his engagement.
Stands
17. The Committee may appoint a place or places to be stands at
which
licenced taxi cabs may remain and solicit passengers. Upon
such appointment
being made no person shall permit the taxicab of which he is in charge
to park or remain at any other place while
soliciting passengers except
when awaiting a passenger by previous engagement.
Parcels & Goods
18. Any person licenced under this by-law may transport parcels or
goods
not exceeding one hundred (100) pounds in weight at any
one time for compensation.
Penalties
19. Any person who violates any of the provisions of this by-law
shall
be guilty of an offence and shall be liable on conviction for the first
offence to a penalty of not less than $100.00 and in default of
payment
to imprisonment of not more than thirty (30) days. For the
second offence, to a penalty of not less than $200.00 and in
default of
payment to imprisonment for a term of not less than thirty (30)
days; nor
more than sixty (60) days for the third offence or any subsequence
offence
to a penalty of not less than $300.00 and in default
of payment to imprisonment
of not less than thirty (30) days nor more than sixty (60) days or to
both.
Suspension of Licence
20. (1) The licence of any taxi owner or driver may be suspended by
the Clerk of Licences for conviction under any provision of this
by-law
or the conviction of the owner or operator of the taxi of an offence
against
the Liquor Control Act, the Motor Vehicle Act or the
Criminal Code and
shall be canceled where the owners or operators privileges have been
suspended
or canceled under the Motor Vehicle Act.
(2) Within twenty-four (24) hours of said suspension (Sundays
and holidays excepted) the Clerk of Licences shall make a report in
writing
to the Committee on the fact of such suspension and the reason
thereof.
(3) The Committee shall, as soon as possible, inquire into
said
suspension and hear the Clerk of Licences, the party suspended and such
other
persons as the Committee considers necessary. The Committee
may thereupon confirm such suspension for such period as it deems proper
or it may revoke the licence suspended or it may reinstate said
licence.
Fees
21. (1) The fees for licences shall be:
(a) for taxi licence for each vehicle $40.00;
(b) for driver’s licence $20.00;
(2) Where the holder of a taxi licence for a vehicle is also a
licenced driver he shall not be required to pay the additional $20.00
for
a driver’s licence but shall be issued a driver’s licence with
the taxi
licence.
Language and Conduct
22. No driver shall use any abusive language to his passengers or in a public place or conduct himself in a noisy or disorderly manner.
Fares
23. (1) All taxicabs operating in the Municipality of Barrington must use a taxi meter to charge customers.
<>(3) The meter must be within view of the customer.
(4) If the seal on the rate adjustment is broken the cab driver or owner is liable for a fine or suspension of license.
(5) An additional charge of $2.00 may be made for each additional person.
(6) If a taxi is required to wait or if it is engaged by the hour the charge shall not be more than $25.00/hr.
Excessive Fare
<>24. A driver who takes or demands a fare greater than specified in this by-law shall be guilty of an offence.Forms
25. Forms of licence shall be as follows:
DRIVER’S LICENCE
MUNICIPALITY OF BARRINGTON
On
the
day
of
, A.D., 20 , subject to the
by-law
of the Municipality of the District of Barrington relating
to taxicabs,
Licence is hereby granted
to
to drive a licenced taxicab in the Municipality of Barrington
until the
first day of January next.
Clerk of Licences
TAXI LICENCE
MUNICIPALITY OF BARRINGTON
On
the
day
of
, A.D. 20 , subject to the by-law of the
Municipality of Barrington relating to taxicabs,
Licence is hereby granted
to
to own a licenced taxicab in the Municipality of Barrington until the
first
day of January next.
Clerk of Licences
1. This By-Law shall be known as and may be cited as the “Local Improvement By-Law”.
2. IN THIS BY-LAW:
(1) “Local Improvement” means laying out, constructing or
improving
streets, curbs, sidewalks, gutters, driveways, ramps, culverts,
catchbasins,
catchbasin leads and sewers within a public right of way;
(2) “Public right of way” means a parcel of land owned by the
Province of Nova Scotia or the Municipality of the District of
Barrington
used or
intended to be used for road or utilities purposes;
(3) “Public Road” means a road or street owned and maintained by the Province of Nova Scotia or the Municipality of the District of Barrington.
(4) “Frontage” means the linear measurement of a lot which
abuts
that portion of a public right of way on or in which a local
improvement
is
constructed or proposed;
(5) “Lot” means a parcel of real property which has frontage abutting a public right of way;
(6) “Municipality” means the Municipality of the District of Barrington; and
<> (7) “Owner” means a person who holds the legal title to the whole or any part of a lot abutting a public right of way on which a local improvementowner’s
lot may request so, by petition filed with the Clerk signed by owners
who
together own more than 50% of the frontage abutting
the public right of
way in the location where the proposed local improvement is to be
constructed,
which petition shall:
(a) State the full name, address and tax account number of each subscriber; and
(b) State that each of the subscribers agree in principal to participate in the cost of the construction of the proposed local improvement.
(2) Upon receipt of a petition filed in accordance with
Section
3(1), the Municipality shall obtain estimates of the costs to carry out
the
proposed local improvement.
(3) Upon receipt by the Municipality of the cost estimates of
the proposed local improvement, notice shall be served on the owners of
every lot with frontage abutting the public right of way in the
location
where the local improvement is proposed, which notice shall state the
nature
of the proposed work, the total estimated costs and the estimated costs
to each owner, together with a request that each owner
inform the Municipality
in writing within Twenty (20) days of the date of the notice whether
they
are in favor of or against the proposal local
improvement.
(4) The notice may be served on the owner by registered mail, personally or by posting it in a conspicuous place on the owner’s lot.
(5) Owners who do not respond in favor of or against the
proposed
local improvement within Twenty (20) days of the date of notice shall be
deemed to be opposed to the proposed local improvement.
4. (1) Where it appears that lot owners who together own more than
50%
of the frontage abutting the public right of way in the location where
the proposed local improvement is to be constructed are in favor
of the
proposed local improvement, the Municipality may cause the proposed
local
improvement to be constructed.
(a) The Municipality’s net cost shall be the actual total
cost
to the Municipality to construct the local improvement minus any
financial
grants
received by the Municipality from the Federal, Provincial, or Municipal
governments with respect to the construction of the proposed local
improvement;
and
(b) The local improvement charge assessed against each lot
shall
be determined by establishing the net cost to the Municipality of the
construction
of the local improvement, divided by the total frontage of all lots
abutting
the public right of way in the location where the local improvement was
constructed, multiplied by the frontage of the lot in question.
(c) The local improvement charge may be assessed in a manner
agreed to by the majority of property owners abutting the public right
of way in the
location where the local improvement is being constructed
and approved by Council.
(3) A local improvement charge assessed against a lot in
accordance
with this By-Law shall be payable by ten equal annual payments, or such
lesser
number of annual payments as may be determined by Council to be
appropriate in light of the amount of the charge.
(4) Interest shall accrue on each annual installment of the local improvement charge.
(5) A local improvement charge may be prepaid in whole or in part at any time without penalty or charge.
5. (1) The local improvement charge tax levied under this By-Law is
collectible in the same manner as rates and taxes under the Assessment
Act,
and at the option of the Treasurer or Clerk of the Municipality
is
collectible at the same time and by the same proceedings as are rates
and
taxes.
(2) A local improvement charge imposed pursuant to this By-Law
shall be a lien on the whole of the lot which has
frontage abutting on
a public right of way upon which the local improvement was constructed
and with the same effect as rates and
taxes pursuant to the Assessment
Act.
7. (1) This By-Law shall come into effect upon publication as
required
by the Municipal Government Act.
THIS IS TO CERTIFY THAT the foregoing
is a true copy of the Local Improvement By-Law adopted by the
Barrington
Municipal Council at their meeting held on Wednesday, December 10,
2003.
Public notice was given by way of a publication in the
Coast Guard Newspaper
on December 23, 2003.
GIVEN UNDER the hand of the Clerk and
under the seal of the Municipality of the District of Barrington this
23
day of December 2003.
Brian Holland, Clerk/Treasurer
___________________________________________________________________________________________________________________________________________
1. In this By-law:
(1) "mobile canteen" means a vehicle used for the
display, storage, transportation or sale of food or beverages by a
mobile vendor;
(2) "mobile stand" means a stand having any wheels
with a diameter in excess of (10 cm.) or having or designed to have
removable wheels
of such
diameter, and each such stand capable of being moved as a separate unit
shall be counted as a separate mobile stand;
(3) "non-mobile stand" means a stand that is not a
mobile stand;
(4) "stand" includes a table, showcase, bench rack,
pushcart, wagon or wheeled vehicle or device that can be moved without
the
assistance
of a motor and is used for the display, storage, transportation or sale
of food, beverages or other merchandise by a mobile vendor;
2. It is the intention of Council to
promote municipal properties as public places for the general and
recreational enjoyment of residents.
3. Promotion of municipal properties for these
uses does not preclude commercial activities from also being conducted
on municipal property.
Commercial activities conducted in
conjunction with recreational activities often enhance the experience
of the general public for both activities.
4. Commercial enterprises, vending, events,
exhibitions, circuses or parades may be conducted on municipally owned
property when:
(1) expressly authorized pursuant to a Special
Events Permit approved by Council,
(2) expressly authorized pursuant to a Vending
Permit approved by Council to locate a mobile canteen, mobile stand,
non-mobile stand or stand
for the sale of food, beverages,
crafts, souvenirs or other merchandise approved by Council by
resolution.
(3) as part of a municipally sponsored event
conducted by a municipal department.
5. The Municipal Council may permit commercial
activity on Municipal Property subject to the applicant obtaining all
the required approvals
and permits from the
Municipality. The applicant is also responsible for obtaining all
other required permits and approvals required by other
levels of government.
6. All vending and special events permits
shall be obtained by application to the Municipal Council.
Permits may be issued for a one year
period, seasonal 6 month period or
for one or more occasions of less than ten (10) days in any year.
If application is for one or more
occasions, then specific
dates must be provided.
7. The permit fee is $100.00 per year for all
permit types noted above.
8. All permits shall expire March 31st of each
year.
9. Applicants obtaining permits under this
By-law shall be required to have in place liability insurance in an
amount of not less than One Million
Dollars ($1,000,000.00) and the
Municipality of Barrington as an additional named insured.
10. Canteens and stands which have not been operated
for 10 consecutive days must be removed from the site and the permit
shall become
null and void unless alternate
arrangements are made.
11. The Municipal Clerk shall issue a permit to the
vendor for each stand or special event authorized by Council to be
operated
pursuant to this by-law and the permit shall indicate the period of
time for which the stand is authorized by the
Municipal Council to be
operated on municipal property.
12. The permit issued pursuant to this by-law shall
be conspicuously displayed at all times while the stand is operated.
13. The number of permits to
be issued shall be at the sole discretion of the Municipal Council.
14. This by-law shall not apply to a vendor who is
the organizer of a municipal event or function.
Approved by Council April 10, 2006
NAME OF ORGANIZATION:
ADDRESS:
CONTACT PERSON:
PHONE #:
PLACE OR LOCATION
OF EVENT:
DATE OF EVENT:
DURATION OF EVENT:
DESCRIPTION OF EVENT:
INSURANCE COVERAGE: (Minimum $1,000,000 liability insurance coverage
required)
- Company:
- Amount:
- Copy of Policy Attached
If permit is approved, I will be responsible for vehicular and
pedestrian safety and management. Complete cleanup
of the site will take place immediately following the above mentioned
event. All required permits and approvals will be
the responsibility of the person/organization holding the event.
Signature:
Print Name:
Approved by Council Resolution:
Number
Date
NAME OF INDIVIDUAL/ORGANIZATION:
ADDRESS:
CONTACT PERSON:
PHONE #:
TYPE OF CANTEEN OR STAND:
- If mobile:
- Motor Vehicle Registration #:
- Expiry Date:
- Inspection Sticker
#:
- Expiry Date:
DESCRIPTION OF ITEMS TO BE
OFFERED FOR SALE:
LOCATION:
DURATION OF PERMIT:
- Yearly:
(to expire March 31st)
- Seasonal:
(6 months or less)
- 1 or more occasions:
(less than 10 days in any year)
INSURANCE COVERAGE: (Minimum $1,000,000.00 liability insurance required)
- Company:
- Amount:
- Copy of Policy Attached:
If permit is approved, I will be responsible for vehicular and
pedestrian safety and management. Complete clean-up
of the site will take place on a regular basis. All other
required permits and approvals will be the responsibility of the
person/organization holding the license.
Signature:
Print Name:
Approved by Council Resolution:
Number
Date